Federal Laws Addressing Liability

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Swine Flu Act

The National Swine Flu Immunization Program of 1976 ("Swine Flu Act"), 42 U.S.C. § 247b(j)-(l), was enacted to deal with the collapse of the commercial liability insurance market for vaccine manufacturers and distributors following judicial decisions holding polio vaccine manufacturers strictly liable for vaccine-related injuries.¹ In addition, Congress was concerned about the devastating economic impact that would occur due to lost wages if the population were not inoculated before the start of the flu season. Modeled after the Drivers Act, the Swine Flu Act barred common law tort actions against swine flu vaccine manufacturers and providers and created a Federal Tort Claims Act remedy against the United States as the exclusive means of recovery for swine flu-related injuries.

¹ The Swine Flu Act was repealed by Pub. L. 95-626, § 202, 92 Stat. 3574.