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COVID Vaccine Injury Litigation & Legislation Update – February 2026

by | Feb 18, 2026 | Announcements, COVID-19

There have been significant developments this month that could impact the future of COVID-19 vaccine injury claims.

Florida Lawsuit Puts Pressure on HHS

On February 2, 2026, a woman in Florida filed a lawsuit against the United States Department of Health and Human Services and Secretary Robert F. Kennedy Jr.

According to the Complaint, Jeanne Materese developed a severe platelet formation and blood clotting disorder after receiving a COVID-19 vaccine in August 2021. If her injury had been caused by most other routine vaccines, she would likely have been eligible to seek compensation through the National Vaccine Injury Compensation Program (VICP).

However, because COVID-19 vaccines have not been added to the Vaccine Injury Table under the VICP, she has been unable to pursue compensation through that Program. The lawsuit seeks to challenge that exclusion and places renewed pressure on federal health officials to address the gap in compensation for individuals alleging COVID-19 vaccine injuries.

While the outcome remains uncertain, litigation of this nature may increase momentum for policy changes affecting future COVID-19 vaccine injury claims.

“End the Vaccine Carveout Act” Introduced

In separate but related news, Senator Rand Paul announced new legislation on February 17, 2026, aimed at removing liability protections for vaccine manufacturers. The proposed bill, titled the “End the Vaccine Carveout Act,” was introduced in the Senate and co-sponsored by Senator Mike Lee. Representative Paul Gosar introduced the House version of the bill.

The legislation seeks to reform the structure of the National Vaccine Injury Compensation Program and would allow individuals alleging vaccine-related injury or death to pursue civil claims directly against manufacturers.

What This Means for COVID-19 Vaccine Injury Claims

These developments show that vaccine injury compensation reform is actively being discussed at the federal level. The legal landscape surrounding COVID-19 vaccine claims continues to evolve, and potential changes could impact future options for individuals seeking compensation.

If you have questions about a potential COVID-19 vaccine injury claim, Hultquist Law is available to discuss your situation.

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