No. CS/HB 339
Filed under Healthcare.
Advertisement of a Harmful Vaccine; Defines "advertise"; provides manufacturer liability; authorizes individual to file cause of action; provides that prevailing party is entitled to actual damages, court costs, & reasonable attorney fees.
Plain English Summary
AI-GENERATEDThe law defines 'advertise' broadly to cover any paid media promotion a vaccine maker buys, including paid influencer deals, but excludes a doctor's own conversations with patients and materials displayed in a clinical setting.
A manufacturer becomes liable to an individual simply by advertising a vaccine in Florida and having that vaccine cause harm to someone, without the law requiring the harmed person to have seen or relied on the ad.
A person harmed has 3 years from when the claim arises to sue, and this window overrides any shorter or different deadline that might otherwise apply under other law.
A court must award a winning claimant their actual damages, court costs, and reasonable attorney fees, a one-way guarantee that applies only when the person suing wins, not when the manufacturer does.
AIFor this new liability section, 'advertise' covers essentially any paid media a vaccine manufacturer buys to promote its vaccine, including television, radio, digital media, product placement, and paying an influencer for promotion.
AIA manufacturer becomes liable to an individual whenever it has advertised a vaccine in Florida and that vaccine causes harm or injury to an individual. The text does not require the harmed person to have seen, relied on, or been influenced by the advertisement itself.
AIRegardless of any shorter or different statute of limitations that would otherwise apply elsewhere in Florida law, an individual has 3 years from when the claim arises to bring an action under this new liability section.
AIIf an individual wins a case under this new section, the court must award them actual damages, court costs, and reasonable attorney fees, a guarantee that runs only in the claimant's favor, not the manufacturer's.
AIThe definition of 'advertise' does not include a health care provider's own discussions or written materials given to a patient, or promotional items displayed in a clinical setting, so those cannot trigger liability under this section.