This bill amends West Virginia Code §55-7-30 to establish civil liability for pharmaceutical companies regarding damages resulting from the Covid-19 vaccination. The new provision allows West Virginia citizens to sue pharmaceutical companies for injuries caused by these vaccines, with no limits placed on financial awards. This addition creates an exception to the existing legal framework that generally protects manufacturers and sellers of prescription drugs and medical devices from liability claims based on inadequate warnings or instructions.

The bill retains the existing legal standards for product liability actions, which require claimants to prove that the manufacturer acted unreasonably and that the failure to provide adequate warnings was a proximate cause of harm. However, the introduction of the new subsection (c) specifically targets the Covid-19 vaccines, thereby enabling individuals to seek compensation for damages without the limitations typically associated with pharmaceutical liability cases.

Statutes affected:
Introduced Version: 55-7-30