Sec. 431.118. LIABILITY OF MANUFACTURER FOR ADVERTISING CERTAIN VACCINES. (a) In this section, "advertise" means a media communication, including through television, radio, print, the Internet, digital or electronic media, product placement, promotion by an influencer in exchange for compensation, or other manner of paid promotion, a vaccine manufacturer purchases to promote the manufacturer's vaccine. The term does not include: (1) any discussion between a health care provider and the provider's patient or written materials a health care provider provides to a patient concerning a vaccine; or (2) any posters, decorations, or other materials or promotional items concerning a vaccine that are displayed in or made available by a health care facility, health care provider's office, or other clinical setting. (b) A manufacturer is liable to an individual if: (1) the manufacturer advertises a vaccine in this state; and (2) the advertised vaccine causes harm or injury to the individual. (c) Notwithstanding any other law, an individual may bring an action under this section not later than the third anniversary of the date the cause of action accrues. (d) A court shall award a claimant who prevails in an action brought under this section: (1) actual damages; and (2) court costs and reasonable attorney's fees incurred in bringing the action.
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