by Jon Fleetwood, Jon Fleetwood:
Creates legal presumption that vaccine injuries or deaths were not caused by the vaccine.
Colorado lawmakers are advancing legislation that would create an entirely new section of state law governing adult vaccination—including a provision establishing a legal presumption that vaccines did not cause an individual’s injury or death unless proven otherwise.
The new Colorado bill comes as U.S. Senator Rand Paul has introduced federal legislation to eliminate the longstanding liability shield protecting vaccine manufacturers, placing the issue of legal immunity for vaccine injuries at the center of active legislative efforts at both the state and federal level.
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Senate Bill 26-032, titled the “Ensuring Immunization Access for Coloradans Act,” has already passed the Colorado Senate and is now under consideration in the House.
The legislation both amends existing vaccine statutes and creates new law through the establishment of the “Adult Immunization Act,” which did not previously exist in Colorado statute.
The legislation passed the Colorado Senate on February 5, 2026.
It is now assigned to the House Health and Human Services Committee.
You can see which Senators and Representatives are sponsoring the bill here.
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New Adult Immunization Act Creates Legal Presumption Governing Injury & Death Claims
At the center of the bill is the creation of the new Adult Immunization Act, which establishes liability protections and legal standards governing vaccine injury and death claims involving adults.
The law states:
“A PERSON THAT ADMINISTERS A VACCINE OR OTHER IMMUNIZING AGENT TO AN ADULT IS NOT LIABLE FOR INJURIES SUSTAINED PURSUANT TO THE VACCINE OR OTHER IMMUNIZING AGENT IF… administered in accordance with recommendations from ACIP… and… generally accepted clinical methods.”
The statute further establishes a legal presumption affecting both injury and death claims:
“A REBUTTABLE PRESUMPTION IS ESTABLISHED THAT THE INJURY SUSTAINED OR THE DEATH WAS NOT DUE TO THE ADMINISTRATION OF THE VACCINE OR IMMUNIZING AGENT.”
This means Colorado law would presume that a vaccine did not cause an adult’s injury or death unless proven otherwise.
The law also requires that certain claims first proceed through the federal vaccine injury compensation system before civil litigation can move forward.
Bill Formally Creates New Adult Immunization Law in Colorado Statute
The legislation explicitly establishes:
“PART 26 — ADULT IMMUNIZATION ACT.”
The new law broadly defines immunizing agents as:
“ANY BIOLOGICAL SUBSTANCE, INCLUDING VACCINES, TOXOIDS, OR OTHER ANTIGENIC COMPONENTS, THAT IS ADMINISTERED TO AN INDIVIDUAL FOR THE PURPOSE OF PRODUCING ACTIVE OR PASSIVE IMMUNITY AGAINST A SPECIFIC DISEASE.”
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