WASHINGTON (PNN) - February 19, 2026 - Senator Rand Paul of Kentucky has introduced legislation titled, A bill to amend the Public Health Service Act, to end the liability shield for vaccine manufacturers, and for other purposes.
Although the full text has yet to be made available, news outlets and commentators, as well as analysts and advocates contacted by Health Care News, infer that it is an attempt to undo the liability protections that vaccine manufacturers received under the 1986 National Childhood Vaccine Injury Act.
Introduced by Senator Paul on February 11 and co-sponsored by Senator Mike Lee of Utah, the bill has been referred to the Committee on Health, Education, Labor and Pensions.
Senator Paul’s bill is the latest in a series of efforts at the federal and state levels concerning U.S. vaccine policy and practices.
The Centers for Disease Control and Prevention (CDC) updated its recommendations regarding childhood vaccinations following an assessment that found the United States to be an outlier among developed nations in the number of diseases and the number of vaccine doses recommended by its childhood vaccine schedule.
Additionally, some states, such as Florida and Idaho, have recently moved to ban vaccine mandates.
Critics of the liability protections enjoyed by pharmaceutical manufacturers suggest the kind of reform Senator Paul’s bill could bring is long overdue.
“It is admitted that vaccines have adverse effects, hence the vaccine injury compensation program, which is grossly inadequate,” said Jane Orient, M.D., the executive director of the Association of American Physicians and Surgeons.
Yet despite the high medical expenses that can result from vaccine injuries, most families have “no chance” of compensation because of an “extremely short” statute of limitations and a lack of knowledge of their options, says Dr. Orient.
“This bill provides the essential stimulus for vaccine manufacturers to constantly improve their products and make them safer for children,” said Peter A. McCullough, M.D., President of the McCullough Foundation and co-author of the organization’s 2025 report regarding the determinants of autism.
“Some vaccines have not been updated for decades and carry warnings for brain inflammation or encephalitis, which can lead to ADHD, autism, tics and seizures,” said Dr. McCullough. “Amerikans should not tolerate an older, toxic product when better ones can be developed.”
Similar sentiments were expressed by Dr. Orient regarding how the bill could affect vaccine safety.
“If passed, I think some manufacturers would stop making the most dangerous vaccines,” said Dr. Orient. “This almost happened with pertussis before the liability shield was passed. It should happen immediately for COVID mRNA vaccines.”
This could entail removing potentially dozens of vaccines from the market, says Dr. McCullough, later adding, “Companies would not risk the court system and expensive verdicts (that) could bankrupt them.”
More stringent requirements for warnings and informed consent would also likely follow, says Dr. Orient.
As for the ultimate prospects of the bill becoming law, both Dr. Orient and Dr. McCullough, despite their support for it, expressed doubts.
“This bill has a very low chance of passing because of the powerful vaccine lobby,” said Dr. McCullough. “This is not only a $100B annual business, but our government purchases at least half of the products, making the liability chain entangled.”
Likewise, said Dr. Orient. “I think the chances of it becoming law are close to zero, but simply proposing it is very worthwhile,” adding, “the manufacturers should not have this unique shield against product liability.”
Those who want to see change to vaccine policies should not focus solely on the manufacturers, says Dr. Orient.
“[W]e should also discuss the responsibility of medical associations and public health departments, who cover for them and support mandates,” said Dr. Orient.