No. SB 408
Filed under Healthcare.
Advertisement of a Harmful Vaccine; Defining the term “advertise”; providing manufacturer liability under certain circumstances; authorizing an individual to file a cause of action under certain circumstances within a specified timeframe, etc.
Plain English Summary
AI-GENERATEDA vaccine manufacturer becomes liable to anyone harmed by its vaccine if the manufacturer ever paid to advertise that vaccine in Florida -- through TV, radio, digital media, or paid influencers.
Only paid promotion counts as advertising here. Ordinary doctor-patient conversations, clinic handouts, and posters displayed in a health care office are excluded from the definition entirely.
A winning claimant is entitled to actual damages, court costs, and attorney fees, and gets three years from when the harm occurred to sue -- overriding any shorter deadline in other law.
AIA vaccine manufacturer becomes liable to a person harmed or injured by its vaccine whenever the manufacturer has advertised that vaccine in Florida. The stated elements require only that the vaccine was advertised and that it caused harm -- not that the advertisement was false or that the injured person saw it.
AI"Advertise" means paid media promotion a manufacturer purchases to promote its vaccine, covering television, radio, print, digital media, and product placement, but the definition excludes doctor-patient discussions and materials or displays made available in a health care setting.
AIAn individual may bring this cause of action within three years after it accrues, and this deadline explicitly overrides any shorter time limit found in other law.
AIA court must award a prevailing claimant actual damages, court costs, and reasonable attorney fees -- a mandatory, one-way fee-shift that applies only when the claimant, not the manufacturer, wins the case.