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

[CITE: 42USC300aa-11]

 
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-11. Petitions for compensation
 
-STATUTE-
    (a) General rule
      (1) A proceeding for compensation under the Program for a
    vaccine-related injury or death shall be initiated by service upon
    the Secretary and the filing of a petition containing the matter
    prescribed by subsection (c) of this section with the United States
    Court of Federal Claims. The clerk of the United States Court of
    Federal Claims shall immediately forward the filed petition to the
    chief special master for assignment to a special master under
    section 300aa-12(d)(1) of this title.
      (2)(A) No person may bring a civil action for damages in an
    amount greater than $1,000 or in an unspecified amount against a
    vaccine administrator or manufacturer in a State or Federal court
    for damages arising from a vaccine-related injury or death
    associated with the administration of a vaccine after October 1,
    1988, and no such court may award damages in an amount greater than
    $1,000 in a civil action for damages for such a vaccine-related
    injury or death, unless a petition has been filed, in accordance
    with section 300aa-16 of this title, for compensation under the
    Program for such injury or death and -
        (i)(I) the United States Court of Federal Claims has issued a
      judgment under section 300aa-12 of this title on such petition,
      and
        (II) such person elects under section 300aa-21(a) of this title
      to file such an action, or
        (ii) such person elects to withdraw such petition under section
      300aa-21(b) of this title or such petition is considered
      withdrawn under such section.
      (B) If a civil action which is barred under subparagraph (A) is
    filed in a State or Federal court, the court shall dismiss the
    action.  If a petition is filed under this section with respect to
    the injury or death for which such civil action was brought, the
    date such dismissed action was filed shall, for purposes of the
    limitations of actions prescribed by section 300aa-16 of this
    title, be considered the date the petition was filed if the
    petition was filed within one year of the date of the dismissal of
    the civil action.
      (3) No vaccine administrator or manufacturer may be made a party
    to a civil action (other than a civil action which may be brought
    under paragraph (2)) for damages for a vaccine-related injury or
    death associated with the administration of a vaccine after October
    1, 1988.
      (4) If in a civil action brought against a vaccine administrator
    or manufacturer before October 1, 1988, damages were denied for a
    vaccine-related injury or death or if such civil action was
    dismissed with prejudice, the person who brought such action may
    file a petition under subsection (b) of this section for such
    injury or death.
      (5)(A) A plaintiff who on October 1, 1988, has pending a civil
    action for damages for a vaccine-related injury or death may, at
    any time within 2 years after October 1, 1988, or before judgment,
    whichever occurs first, petition to have such action dismissed
    without prejudice or costs and file a petition under subsection (b)
    of this section for such injury or death.
      (B) If a plaintiff has pending a civil action for damages for a
    vaccine-related injury or death, such person may not file a
    petition under subsection (b) of this section for such injury or
    death.
      (6) If a person brings a civil action after November 15, 1988
    (FOOTNOTE 1) for damages for a vaccine-related injury or death
    associated with the administration of a vaccine before November 15,
    1988, such person may not file a petition under subsection (b) of
    this section for such injury or death.
       (FOOTNOTE 1) So in original.  Probably should be followed by a
    comma.
      (7) If in a civil action brought against a vaccine administrator
    or manufacturer for a vaccine-related injury or death damages are
    awarded under a judgment of a court or a settlement of such action,
    the person who brought such action may not file a petition under
    subsection (b) of this section for such injury or death.
      (8) If on October 1, 1988, there was pending an appeal or
    rehearing with respect to a civil action brought against a vaccine
    administrator or manufacturer and if the outcome of the last
    appellate review of such action or the last rehearing of such
    action is the denial of damages for a vaccine-related injury or
    death, the person who brought such action may file a petition under
    subsection (b) of this section for such injury or death.
      (9) This subsection applies only to a person who has sustained a
    vaccine-related injury or death and who is qualified to file a
    petition for compensation under the Program.
      (10) The Clerk of the United States Claims Court (FOOTNOTE 2) is
    authorized to continue to receive, and forward, petitions for
    compensation for a vaccine-related injury or death associated with
    the administration of a vaccine on or after October 1, 1992.
       (FOOTNOTE 2) See Change of Name note below.
    (b) Petitioners
      (1)(A) Except as provided in subparagraph (B), any person who has
    sustained a vaccine-related injury, the legal representative of
    such person if such person is a minor or is disabled, or the legal
    representative of any person who died as the result of the
    administration of a vaccine set forth in the Vaccine Injury Table
    may, if the person meets the requirements of subsection (c)(1) of
    this section, file a petition for compensation under the Program.
      (B) No person may file a petition for a vaccine-related injury or
    death associated with a vaccine administered before October 1,
    1988, if compensation has been paid under this part for 3500
    petitions for such injuries or deaths.
      (2) Only one petition may be filed with respect to each
    administration of a vaccine.
    (c) Petition content
      A petition for compensation under the Program for a
    vaccine-related injury or death shall contain -
        (1) except as provided in paragraph (3), an affidavit, and
      supporting documentation, demonstrating that the person who
      suffered such injury or who died -
          (A) received a vaccine set forth in the Vaccine Injury Table
        or, if such person did not receive such a vaccine, contracted
        polio, directly or indirectly, from another person who received
        an oral polio vaccine,
          (B)(i) if such person received a vaccine set forth in the
        Vaccine Injury Table -
            (I) received the vaccine in the United States or in its
          trust territories,
            (II) received the vaccine outside the United States or a
          trust territory and at the time of the vaccination such
          person was a citizen of the United States serving abroad as a
          member of the Armed Forces or otherwise as an employee of the
          United States or a dependent of such a citizen, or
            (III) received the vaccine outside the United States or a
          trust territory and the vaccine was manufactured by a vaccine
          manufacturer located in the United States and such person
          returned to the United States not later than 6 months after
          the date of the vaccination,
          (ii) if such person did not receive such a vaccine but
        contracted polio from another person who received an oral polio
        vaccine, was a citizen of the United States or a dependent of
        such a citizen,
          (C)(i) sustained, or had significantly aggravated, any
        illness, disability, injury, or condition set forth in the
        Vaccine Injury Table in association with the vaccine referred
        to in subparagraph (A) or died from the administration of such
        vaccine, and the first symptom or manifestation of the onset or
        of the significant aggravation of any such illness, disability,
        injury, or condition or the death occurred within the time
        period after vaccine administration set forth in the Vaccine
        Injury Table, or
          (ii)(I) sustained, or had significantly aggravated, any
        illness, disability, injury, or condition not set forth in the
        Vaccine Injury Table but which was caused by a vaccine referred
        to in subparagraph (A), or
          (II) sustained, or had significantly aggravated, any illness,
        disability, injury, or condition set forth in the Vaccine
        Injury Table the first symptom or manifestation of the onset or
        significant aggravation of which did not occur within the time
        period set forth in the Table but which was caused by a vaccine
        referred to in subparagraph (A),
          (D)(i) suffered the residual effects or complications of such
        illness, disability, injury, or condition for more than 6
        months after the administration of the vaccine, or (ii) died
        from the administration of the vaccine, and
          (E) has not previously collected an award or settlement of a
        civil action for damages for such vaccine-related injury or
        death,
        (2) except as provided in paragraph (3), maternal prenatal and
      delivery records, newborn hospital records (including all
      physicians' and nurses' notes and test results), vaccination
      records associated with the vaccine allegedly causing the injury,
      pre- and post-injury physician or clinic records (including all
      relevant growth charts and test results), all post-injury
      inpatient and outpatient records (including all provider notes,
      test results, and medication records), if applicable, a death
      certificate, and if applicable, autopsy results, and
        (3) an identification of any records of the type described in
      paragraph (1) or (2) which are unavailable to the petitioner and
      the reasons for their unavailability.
    (d) Additional information
      A petition may also include other available relevant medical
    records relating to the person who suffered such injury or who died
    from the administration of the vaccine.
    (e) Schedule
      The petitioner shall submit in accordance with a schedule set by
    the special master assigned to the petition assessments,
    evaluations, and prognoses and such other records and documents as
    are reasonably necessary for the determination of the amount of
    compensation to be paid to, or on behalf of, the person who
    suffered such injury or who died from the administration of the
    vaccine.
 
-SOURCE-
    (July 1, 1944, ch. 373, title XXI, Sec. 2111, as added Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3758;
    amended Pub. L. 100-203, title IV, Sec. 4302(b), 4304(a), (b),
    4306, 4307(1), (2), Dec. 22, 1987, 101 Stat. 1330-221, 1330-223,
    1330-224; Pub. L. 101-239, title VI, Sec. 6601(c)(1)-(7), Dec. 19,
    1989, 103 Stat. 2285, 2286; Pub. L. 101-502, Sec. 5(a), Nov. 3,
    1990, 104 Stat. 1286; Pub. L. 102-168, title II, Sec. 201(h)(1),
    Nov. 26, 1991, 105 Stat. 1104; Pub. L. 102-572, title IX, Sec.
    902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-43, title XX,
    Sec. 2012, June 10, 1993, 107 Stat. 214; Pub. L. 105-277, div.  C,
    title XV, Sec. 1502, Oct. 21, 1998, 112 Stat. 2681-741.)
 
-COD-
                                CODIFICATION
      In subsecs. (a)(2)(A), (3), (4), (5)(A), (8), and (b)(1)(B),
    ''October 1, 1988'' substituted for ''the effective date of this
    subpart'' on authority of section 323 of Pub. L. 99-660, as
    amended, set out as an Effective Date note under section 300aa-1 of
    this title.
 
-MISC3-
                              PRIOR PROVISIONS
      A prior section 300aa-11, act July 1, 1944, Sec. 2112, was
    successively renumbered by subsequent acts and transferred, see
    section 238i of this title.
      A prior section 2111 of act July 1, 1944, was successively
    renumbered by subsequent acts and transferred, see section 238h of
    this title.
                                 AMENDMENTS
      1998 - Subsec. (c)(1)(D)(i). Pub. L. 105-277 struck out ''and
    incurred unreimbursable expenses due in whole or in part to such
    illness, disability, injury, or condition in an amount greater than
    $1,000'' before '', or (ii) died''.
      1993 - Subsec. (a)(10). Pub. L. 103-43 added par. (10).
      1992 - Subsec. (a)(1), (2)(A)(i)(I). Pub. L. 102-572 substituted
    ''United States Court of Federal Claims'' for ''United States
    Claims Court'' wherever appearing.
      1991 - Subsec. (a)(2)(A)(i), (ii). Pub. L. 102-168 realigned
    margins of cls. (i) and (ii).
      1990 - Subsec. (a)(2)(A). Pub. L. 101-502, Sec. 5(a)(1),
    substituted ''unless a petition has been filed, in accordance with
    section 300aa-16 of this title, for compensation under the Program
    for such injury or death and - '' and cls. (i) and (ii) for
    ''unless -
        ''(i) a petition has been filed, in accordance with section
      300aa-16 of this title, for compensation under the Program for
      such injury or death,
        ''(ii) the United States Claims Court has issued a judgment
      under section 300aa-12 of this title on such petition, and
        ''(iii) such person elects under section 300aa-21(a) of this
      title to file such an action.''
      Subsec. (a)(5)(A). Pub. L. 101-502, Sec. 5(a)(2), struck out
    ''without prejudice'' after ''without prejudice or costs''.
      Subsec. (a)(5)(B). Pub. L. 101-502, Sec. 5(a)(3), substituted
    ''plaintiff'' for ''plaintiff who''.
      Subsec. (d). Pub. L. 101-502, Sec. 5(a)(4), struck out ''(d)
    except as provided in paragraph (3),'' before ''(d) Additional
    information''.
      Subsec. (e). Pub. L. 101-502, Sec. 5(a)(5), substituted ''(e)
    Schedule'' for ''(e)(e) Schedule''.
      1989 - Subsec. (a)(1). Pub. L. 101-239, Sec. 6601(c)(1),
    substituted ''filing of a petition containing the matter prescribed
    in subsection (c) of this section'' for ''filing of a petition''
    and inserted at end ''The clerk of the United States Claims Court
    shall immediately forward the filed petition to the chief special
    master for assignment to a special master under section
    300aa-12(d)(1) of this title.''
      Subsec. (a)(2)(A)(i). Pub. L. 101-239, Sec. 6601(c)(2), struck
    out ''under subsection (b) of this section'' after ''section
    300aa-16 of this title,''.
      Subsec. (a)(5)(A). Pub. L. 101-239, Sec. 6601(c)(3)(A),
    substituted ''petition to have such action dismissed without
    prejudice or costs'' for ''elect to withdraw such action''.
      Subsec. (a)(5)(B). Pub. L. 101-239, Sec. 6601(c)(3)(B),
    substituted ''has pending'' for ''on October 1, 1988, had pending''
    and struck out ''does not withdraw the action under subparagraph
    (A)'' after ''vaccine-related injury or death''.
      Subsec. (a)(6). Pub. L. 101-239, Sec. 6601(c)(4), substituted
    ''November 15, 1988'' for ''the effective date of this subpart'' in
    two places.
      Subsec. (a)(8). Pub. L. 101-239, Sec. 6601(c)(5), added par. (8).
    Former par. (8) redesignated (9).
      Subsec. (a)(9). Pub. L. 101-239, Sec. 6601(c)(5), (7),
    redesignated par. (8) as (9) and realigned margin.
      Subsec. (c)(1). Pub. L. 101-239, Sec. 6601(c)(6)(A), inserted
    ''except as provided in paragraph (3),'' after ''(1)'' in
    introductory provisions.
      Subsec. (c)(2). Pub. L. 101-239, Sec. 6601(c)(6)(B), (C), added
    par. (2) and redesignated former par. (2) as subsec. (d).
      Pub. L. 101-239, Sec. 6601(c)(6)(A), inserted ''except as
    provided in paragraph (3),'' after ''(2)''.
      Subsec. (c)(3). Pub. L. 101-239, Sec. 6601(c)(6)(C), (D), added
    par. (3). Former par. (3) redesignated subsec. (e).
      Subsec. (d). Pub. L. 101-239, Sec. 6601(c)(6)(B), redesignated
    former subsec. (c)(2) as subsec. (d), expanded margin to full
    measure, inserted subsec. designation and heading, substituted ''A
    petition may also include other available'' for ''all available'',
    struck out ''(including autopsy reports, if any)'' after ''relevant
    medical records'', and substituted ''administration of the
    vaccine.'' for ''administration of the vaccine and an
    identification of any unavailable records known to the petitioner
    and the reasons for their unavailability, and''.
      Subsec. (e). Pub. L. 101-239, Sec. 6601(c)(6)(D), redesignated
    former subsec. (c)(3) as subsec. (e), expanded margin to full
    measure, inserted subsec. designation and heading, and substituted
    ''The petitioner shall submit in accordance with a schedule set by
    the special master assigned to the petition'' for ''appropriate''.
      1987 - Subsec. (a)(1). Pub. L. 100-203, Sec. 4307(1), which
    directed that par. (1) be amended by substituting ''with the United
    States Claims Court'' for ''with the United States district court
    for the district in which the petitioner resides or the injury or
    death occurred'', was executed making the substitution for ''with
    the United States district court for the district in which the
    petitioner resides or in which the injury or death occurred'', as
    the probable intent of Congress.
      Subsec. (a)(2)(A). Pub. L. 100-203, Sec. 4306, substituted
    ''vaccine administrator or manufacturer'' for ''vaccine
    manufacturer''.
      Pub. L. 100-203, Sec. 4302(b)(1), substituted ''effective date of
    this subpart'' for ''effective date of this part''.
      Subsec. (a)(2)(A)(ii). Pub. L. 100-203, Sec. 4307(2), substituted
    ''the United States Claims Court'' for ''a district court of the
    United States''.
      Subsec. (a)(3). Pub. L. 100-203, Sec. 4306, substituted ''vaccine
    administrator or manufacturer'' for ''vaccine manufacturer''.
      Pub. L. 100-203, Sec. 4302(b)(1), substituted ''effective date of
    this subpart'' for ''effective date of this part''.
      Subsec. (a)(4). Pub. L. 100-203, Sec. 4306, substituted ''vaccine
    administrator or manufacturer'' for ''vaccine manufacturer''.
      Pub. L. 100-203, Sec. 4302(b)(1), substituted ''effective date of
    this subpart'' for ''effective date of this part''.
      Subsec. (a)(5)(A). Pub. L. 100-203, Sec. 4302(b)(2), substituted
    ''after the effective date of this subpart'' for ''after the
    effective date of this subchapter''.
      Pub. L. 100-203, Sec. 4302(b)(1), substituted ''who on the
    effective date of this subpart'' for ''who on the effective date of
    this part''.
      Subsec. (a)(5)(B). Pub. L. 100-203, Sec. 4302(b)(1), substituted
    ''effective date of this subpart'' for ''effective date of this
    part''.
      Subsec. (a)(6). Pub. L. 100-203, Sec. 4302(b)(1), substituted
    ''effective date of this subpart'' for ''effective date of this
    part'' in two places.
      Subsec. (a)(7). Pub. L. 100-203, Sec. 4306, substituted ''vaccine
    administrator or manufacturer'' for ''vaccine manufacturer''.
      Subsec. (a)(8). Pub. L. 100-203, Sec. 4304(a), added par. (8).
      Subsec. (b)(1)(A). Pub. L. 100-203, Sec. 4304(b)(1), substituted
    ''may, if the person meets the requirements of subsection (c)(1) of
    this section, file'' for ''may file''.
      Subsec. (b)(1)(B). Pub. L. 100-203, Sec. 4302(b)(1), substituted
    ''effective date of this subpart'' for ''effective date of this
    part''.
      Subsec. (c)(1)(D). Pub. L. 100-203, Sec. 4304(b)(2), substituted
    ''for more than 6 months'' for ''for more than 1 year'', ''and
    incurred'' for '', (ii) incurred'', and ''(ii)'' for ''(iii)''.
 
-CHANGE-
                               CHANGE OF NAME
      References to United States Claims Court deemed to refer to
    United States Court of Federal Claims, see section 902(b) of Pub.
    L. 102-572, set out as a note under section 171 of Title 28,
    Judiciary and Judicial Procedure.
 
-MISC4-
                      EFFECTIVE DATE OF 1992 AMENDMENT
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.
                      EFFECTIVE DATE OF 1991 AMENDMENT
      Section 201(i) of Pub. L. 102-168 provided that:
      ''(1) Except as provided in paragraph (2), the amendments made by
    this section (amending this section and sections 300aa-12,
    300aa-15, 300aa-16, 300aa-19, and 300aa-21 of this title and
    provisions set out as a note under section 300aa-1 of this title)
    shall take effect on the date of the enactment of this Act (Nov.
    26, 1991).
      ''(2) The amendments made by subsections (d) and (f) (amending
    sections 300aa-12, 300aa-15, 300aa-16, and 300aa-21 of this title)
    shall take effect as if the amendments had been in effect on and
    after October 1, 1988.''
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Section 5(h) of Pub. L. 101-502 provided that: ''The amendments
    made by subsections (f)(1) and (g) (amending section 300aa-21 of
    this title and provisions set out as a note under section 300aa-1
    of this title and enacting provisions set out as a note under
    section 300aa-12 of this title) shall take effect as of November
    14, 1986, and the amendments made by subsections (a) through (e)
    and subsection (f)(2) (amending this section and sections 300aa-12,
    300aa-13, 300aa-15, 300aa-16, and 300aa-21 of this title) shall
    take effect as of September 30, 1990.''
                      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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 300aa-12, 300aa-13,
    300aa-14, 300aa-15, 300aa-16, 300aa-21, 300aa-23, 300aa-34 of this
    title.