HOUSE CONCURRENT RESOLUTION 5

(By Delegate Steele)

[Introduced January 10, 2020]

Urging Congress to repeal the National Childhood Vaccine Injury Act of 1986 and stop shielding vaccine manufacturers from liability for vaccine injuries and deaths caused by their products.

Whereas, The National Childhood Vaccine Injury Act (NCVIA) of 1986, 42 U.S.C. §§300aa-1 to 300aa-34, was enacted November 14, 1986, and has served to shield vaccine manufacturers from any and all liability for injuries and deaths resulting from the use of their products; and

Whereas, The NCVIA has resulted in a disparity of research of vaccines when compared to the medical research and testing of other medical drugs. Because vaccine manufacturers are shielded from claims of vaccine injury and death there is no incentive for vaccine manufacturers to test vaccines as rigorously as other medical drugs; and

Whereas, The NCVIA has prevented millions of vaccine-injured individuals from having their claims heard by a jury of their peers and being afforded their state and federal constitutional rights of due process; and

Whereas, The NCVIA has allowed vaccine manufacturers to operate with impunity for injuries caused by their products, as the American taxpayer ultimately pays the cost of injuries caused by vaccine manufacturers; and

Whereas, The NCVIA has paid out over $4.2 billion dollars of tax-payer money on behalf of vaccine manufacturers for injuries and deaths caused by vaccines; therefore, be it,

Resolved by the Legislature of West Virginia:

That the United States Congress is hereby urged to repeal the National Childhood Vaccine Injury Act of 1986 and stop shielding vaccine manufacturers from liability for vaccine injuries and deaths caused by their products.

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and to each member of West Virginia’s congressional delegation.