Rep. Thomas Massie (R-KY) has introduced a bill to repeal one of the most horrific pieces of legislation passed in the United States.

The PREP Act.

The PREP Act, officially known as the Public Readiness and Emergency Preparedness Act, is a law granting liability immunity to entities and individuals responding to public health emergencies.

Signed into law by George W. Bush in 2005, the PREP Act protects pharmaceutical manufacturers from financial risk during a public health emergency.

More info on the PREP Act from Wikipedia:

The part of PREPA that actually affords such protection is now codified at 42 U.S.C. § 247d-6d. The act specifically affords to drug makers immunity from actions related to the manufacture, testing, development, distribution, administration and use of medical countermeasures against chemical, biological, radiological and nuclear agents of terrorism, epidemics, and pandemics. PREPA strengthens and consolidates the oversight of litigation against pharmaceutical companies under the purview of the secretary of Health and Human Services (HHS). PREPA provides $3.8 billion for pandemic influenza preparedness to protect public health in the case of a pandemic disease outbreak.

ADVERTISEMENT

Vaccine manufacturers lobbied for the legislation, which would effectively preempt state vaccine safety laws in the case of an emergency declaration by HHS, by making clear they would not produce new vaccines unless the legislation was enacted. Injured parties are compensated by the Countermeasures Injury Compensation Program.

During and in the aftermath of the 2020–21 COVID-19 pandemic in the United States, PREPA is being invoked in a variety of lawsuits, many involving skilled nursing or assisted living facilities where COVID-19 countermeasures including the administration or non-administration of vaccines is said to have resulted in or contributed to resident deaths. Although PREPA was around for more than 15 years, prior to COVID-19, the act’s defensive application in litigation was not widespread, but now the application of the act is being included more frequently in a variety of COVID-19 related lawsuits, including Shareholder Derivative Litigation.

“Today I introduced HR 4388, a bill to repeal the tyrannical PREP Act. The 2005 PREP Act prevents people from holding corporations accountable for the pain and suffering they cause during Presidentially declared emergencies,” Massie said.

“Medical malpractice martial law must end,” he added.

A closer look:

Nicolas Hulscher, epidemiologist and administrator at the McCullough Foundation, said repeal of the PREP Act could be the “single most important health freedom bill in Congress.”

Hulscher writes at Focal Points:

It would dismantle a key pillar of the Bio-Pharmaceutical Complex, end blanket immunity for vaccine manufacturers, and bring long-overdue accountability for harm.

Supporting this bill is essential to restoring integrity and accountability in public health.

“In 2005, Congress gave Pharma a liability shield for medical products used in an ’emergency.’ That made them IMMUNE from prosecution for Covid-19 vaccine injuries,” MAHA PAC wrote.

ADVERTISEMENT

The PAC said it would be the “biggest win” for MAHA yet.

More from The Defender:

The PREP Repeal Act (H.R.4388) would revoke the Public Readiness and Emergency Preparedness (PREP) Act of 2005, a law that provides legal immunity to “covered persons” who manufacture or administer countermeasures during a public health emergency.

“Covered persons” under the PREP Act include vaccine makers, manufacturers of masks and other personal protective equipment, and physicians, nurses and pharmacists who administer vaccines.

The Biden administration ended the COVID-19 public health emergency in May 2023. However, the public health emergency, declared in January 2020 by the U.S. Department of Health and Human Services (HHS) under the PREP Act, remains in effect.

In December 2024, HHS extended the liability protections through 2029. It was the 12th extension since 2020.

Massie’s bill would strip away these protections, repealing the PREP Act’s liability shield and restoring civil remedy rights for people harmed by products covered under the act.

“Τhe ability of citizens to seek redress for injury or harm is a fundamental principle of justice and due process,” the bill states, adding that the PREP Act’s liability shield has “undermined public trust and accountability” and “enabled regulatory capture.”

 

Join The Conversation. Leave a Comment.