US Rep. Thomas Massie (R-KY) has introduced H.R. 4388, the PREP Repeal Act, which would restore our Seventh Amendment right to a jury trial for injuries caused by “countermeasures.” “Countermeasures” include vaccines and other products claimed by the federal government to protect against certain public health threats, including shots for covid, H1N1 flu, anthrax, Zika, Ebola and others. 

H.R. 4388 would repeal sections of the Public Readiness and Preparation Act (PREP Act) of 2005 that created the Countermeasures Injury Compensation Program (CICP.)  CICP gives substantial liability immunity to the federal government, and complete liability protection to manufacturers, and people who administer covid shots or other specified “countermeasures.” 

H.R. 4388 would not apply to the usual vaccines for adults and children on the CDC recommended schedule, like the MMR, DTaP, shingles, etc. which are under the jurisdiction of the infamous “vaccine court.” 

“The PREP Act is medical malpractice martial law,” said Rep. Massie in a statement. “The 2005 PREP Act prevents people from holding corporations accountable for the pain and suffering they cause during Presidentially declared emergencies. Americans deserve the right to seek justice when injured by government-mandated products. The PREP Repeal Act will restore that right.”

Rep. Massie's H.R. 4388, the PREP Repeal Act, would correct current abuses by:

• Fully repeal the liability shields and compensation fund provisions under the PREP Act.
• Restore civil remedy rights under federal and state law for those harmed by pandemic products.
• Ensure applicability to current and future lawsuits, including pending appeals.
• Rescind unused federal funds set aside for PREP Act-related injury claims.

TAKE ACTION

Please use the panel to the right to send a message to your member of the US House of Representatives asking him or her to so-sponsor H.R. 4388 the PREP repeal Act.

Please call your representative’s office and politely ask if the member is a co-sponsor and, if not, ask that he or she co-sponsor H.R. 4388, the Repeal the PREP Act. 

You can look up your representative here:

https://www.house.gov/representatives/find-your-representative

DISCUSSION

The legal rights of vaccine-injured Americans have been steadily eroded over the years to the point now where our only option is participating in one of two programs where the deck is stacked against injured people in every possible way. 

The notorious “vaccine court” was created in 1986 to transfer the cost of vaccine injuries from vaccine manufacturers and doctors to the federal government and injured people. Initially, we retained the right to go to court if an injured person was dissatisfied with the outcome of the vaccine court, but that right was gutted by the US Supreme Court, with the support of the Obama administration, in the Wyeth v. Brusewitz decision in 2010.

The PREP Act took protecting the powerful and culpable a step further by allowing the federal government to substantially avoid any responsibility for injuries caused by specified products. 

The numbers say it all. As of June 1, 2025, the CICP has processed 14,413 claims, of which only  69 were compensated, for a total of $9.2 million, according to the CICP website. 

13,386 of those claims are for covid injuries.

The CICP is an administrative procedure with none of the customary rights we have in a real court. 

• CICP only pays for medical expenses or lost employment income that are not covered by other third-party payers such as insurance companies.
• CICP decisions may not be appealed to a state or federal court. 
• Claimants must file within one year. 
• CICP decision making is completely opaque.
• There is no compensation for legal fees.
• There is no compensation for pain and suffering.

It is time to end this abuse. Take action to pass H.R. 4388.