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

[CITE: 42USC300aa-16]

 
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-16. Limitations of actions
 
-STATUTE-
    (a) General rule
      In the case of -
        (1) a vaccine set forth in the Vaccine Injury Table which is
      administered before October 1, 1988, if a vaccine-related injury
      or death occurred as a result of the administration of such
      vaccine, no petition may be filed for compensation under the
      Program for such injury or death after the expiration of 28
      months after October 1, 1988, and no such petition may be filed
      if the first symptom or manifestation of onset or of the
      significant aggravation of such injury occurred more than 36
      months after the date of administration of the vaccine,
        (2) a vaccine set forth in the Vaccine Injury Table which is
      administered after October 1, 1988, if a vaccine-related injury
      occurred as a result of the administration of such vaccine, no
      petition may be filed for compensation under the Program for such
      injury after the expiration of 36 months after the date of the
      occurrence of the first symptom or manifestation of onset or of
      the significant aggravation of such injury, and
        (3) a vaccine set forth in the Vaccine Injury Table which is
      administered after October 1, 1988, if a death occurred as a
      result of the administration of such vaccine, no petition may be
      filed for compensation under the Program for such death after the
      expiration of 24 months from the date of the death and no such
      petition may be filed more than 48 months after the date of the
      occurrence of the first symptom or manifestation of onset or of
      the significant aggravation of the injury from which the death
      resulted.
    (b) Effect of revised table
      If at any time the Vaccine Injury Table is revised and the effect
    of such revision is to permit an individual who was not, before
    such revision, eligible to seek compensation under the Program, or
    to significantly increase the likelihood of obtaining compensation,
    such person may, notwithstanding section 300aa-11(b)(2) of this
    title, file a petition for such compensation not later than 2 years
    after the effective date of the revision, except that no
    compensation may be provided under the Program with respect to a
    vaccine-related injury or death covered under the revision of the
    table if -
        (1) the vaccine-related death occurred more than 8 years before
      the date of the revision of the table, or
        (2) the vaccine-related injury occurred more than 8 years
      before the date of the revision of the table.
    (c) State limitations of actions
      If a petition is filed under section 300aa-11 of this title for a
    vaccine-related injury or death, limitations of actions under State
    law shall be stayed with respect to a civil action brought for such
    injury or death for the period beginning on the date the petition
    is filed and ending on the date (1) an election is made under
    section 300aa-21(a) of this title to file the civil action or (2)
    an election is made under section 300aa-21(b) of this title to
    withdraw the petition.
 
-SOURCE-
    (July 1, 1944, ch. 373, title XXI, Sec. 2116, as added Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3769;
    amended Pub. L. 100-203, title IV, Sec. 4302(b)(2), Dec. 22, 1987,
    101 Stat. 1330-221; Pub. L. 101-239, title VI, Sec. 6601(m)(1),
    Dec. 19, 1989, 103 Stat. 2291; Pub. L. 101-502, Sec. 5(e), Nov. 3,
    1990, 104 Stat. 1287; Pub. L. 102-168, title II, Sec. 201(d)(2),
    Nov. 26, 1991, 105 Stat. 1103; Pub. L. 103-66, title XIII, Sec.
    13632(a)(1), Aug. 10, 1993, 107 Stat. 645.)
 
-COD-
                                CODIFICATION
      In subsec. (a)(1) to (3), ''October 1, 1988'' and ''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 2116 of act July 1, 1944, was successively
    renumbered by subsequent acts and transferred, see section 238m of
    this title.
                                 AMENDMENTS
      1993 - Subsec. (b). Pub. L. 103-66 substituted ''or to
    significantly increase the likelihood of obtaining compensation,
    such person may, notwithstanding section 300aa-11(b)(2) of this
    title, file'' for ''such person may file''.
      1991 - Subsec. (c). Pub. L. 102-168 substituted ''or (2)'' for
    '', (2)'' and struck out '', or (3) the petition is considered
    withdrawn under section 300aa-21(b) of this title.''
      1990 - Subsec. (a)(1). Pub. L. 101-502, Sec. 5(e)(1), substituted
    ''28 months'' for ''24 months'' and inserted before comma at end
    ''and no such petition may be filed if the first symptom or
    manifestation of onset or of the significant aggravation of such
    injury occurred more than 36 months after the date of
    administration of the vaccine''.
      Subsec. (c). Pub. L. 101-502, Sec. 5(e)(2), substituted ''and
    ending on the date (1) an election is made under section
    300aa-21(a) of this title to file the civil action, (2) an election
    is made under section 300aa-21(b) of this title to withdraw the
    petition, or (3) the petition is considered withdrawn under section
    300aa-21(b) of this title'' for ''and ending on the date a final
    judgment is entered on the petition''.
      1989 - Subsec. (c). Pub. L. 101-239 substituted ''300aa-11 of
    this title'' for ''300aa-11(b) of this title''.
      1987 - Subsec. (a). Pub. L. 100-203 substituted ''effective date
    of this subpart'' for ''effective date of this subchapter'' in
    pars. (1) to (3).
                      EFFECTIVE DATE OF 1991 AMENDMENT
      Amendment by Pub. L. 102-168 effective as if in effect on and
    after Oct. 1, 1988, see section 201(i)(2) of Pub. L. 102-168, set
    out as a note under section 300aa-11 of this title.
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-502 effective Sept. 30, 1990, see
    section 5(h) of Pub. L. 101-502, set out as a note under section
    300aa-11 of this title.
                      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-11, 300aa-15,
    300aa-21 of this title.




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