Law, Science & Public Health Home

Public Health

Coastal Adaptation

Table of Contents

Courses

Search


From the U.S. House of Representatives Downloadable U.S. Code
[uscode.house.gov]
[Laws in effect as of January 5, 1999]

[CITE: 42USC300aa-17]

 
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER XIX - VACCINES
    Part 2 - National Vaccine Injury Compensation Program
    subpart a - program requirements
 
-HEAD-
    Sec. 300aa-17. Subrogation
 
-STATUTE-
    (a) General rule
      Upon payment of compensation to any petitioner under the Program,
    the trust fund which has been established to provide such
    compensation shall be subrograted (FOOTNOTE 1) to all rights of the
    petitioner with respect to the vaccine-related injury or death for
    which compensation was paid, except that the trust fund may not
    recover under such rights an amount greater than the amount of
    compensation paid to the petitioner.
       (FOOTNOTE 1) So in original.  Probably should be ''subrogated''.
    (b) Disposition of amounts recovered
      Amounts recovered under subsection (a) of this section shall be
    collected on behalf of, and deposited in, the Vaccine Injury
    Compensation Trust Fund established under section 9510 of title 26.
 
-SOURCE-
    (July 1, 1944, ch. 373, title XXI, Sec. 2117, as added Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3770;
    amended Pub. L. 100-203, title IV, Sec. 4307(7), Dec. 22, 1987, 101
    Stat. 1330-225; Pub. L. 101-239, title VI, Sec. 6601(m)(2), Dec.
    19, 1989, 103 Stat. 2291.)
 
-MISC1-
                                 AMENDMENTS
      1989 - Subsec. (b). Pub. L. 101-239 substituted ''the Vaccine
    Injury Compensation Trust Fund established under section 9510 of
    title 26'' for ''the trust fund which has been established to
    provide compensation under the Program''.
      1987 - Subsec. (a). Pub. L. 100-203 struck out par. (1)
    designation before ''Upon'' and struck out par. (2) which read as
    follows: ''In any case in which it deems such action appropriate, a
    district court of the United States may, after entry of a final
    judgment providing for compensation to be paid under section
    300aa-15 of this title for a vaccine-related injury or death, refer
    the record of such proceeding to the Secretary and the Attorney
    General with such recommendation as the court deems appropriate
    with respect to the investigation or commencement of a civil action
    by the Secretary under paragraph (1).''
                      EFFECTIVE DATE OF 1989 AMENDMENT
      For applicability of amendments by Pub. L. 101-239 to petitions
    filed after Dec. 19, 1989, petitions currently pending in which the
    evidentiary record is closed, and petitions currently pending in
    which the evidentiary record is not closed, with provision for an
    immediate suspension for 30 days of all pending cases, see section
    6601(s)(1) of Pub. L. 101-239, set out as a note under section
    300aa-10 of this title.




Public Health Service Act

FDA/Website Management Staff
Web page created by smc 2000-NOV-14.

The Law, Science & Public Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation

See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster