Summary
Vaccine Accessibility for Children and Seniors Act of 2005 or the VACS Act of 2005 - Establishes an exclusive Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, except for a compensation proceeding under the National Vaccine Injury Compensation Program (the Program). Preempts all State actions for damages arising from such an injury or death.
Defines "vaccine" to include any preservative, ingredient, or component of a vaccine.
Requires a district court to suspend an attorney from the practice of law in such court for one year if the attorney has violated the Federal Rules of Civil Procedure requiring the attorney to certify the validity of claims filed in connection with a vaccine suit three times during that attorney's career. Allows the court to suspend the attorney for any additional period that the court considers appropriate.
Amends Federal vaccine civil trial procedures to insert a new first stage to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine.
Requires the dismissal with prejudice or removal to a Federal court of all pending State vaccine cases.
Requires the Secretary of Health and Human Services and the Attorney General to jointly submit a report to Congress concerning recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated through the Program in a less adversarial manner.
Lifecycle of the Bill
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