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

[CITE: 42USC300aa-21]

 
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER XIX - VACCINES
    Part 2 - National Vaccine Injury Compensation Program
    subpart b - additional remedies
    .
 
-HEAD-
    subpart b - additional remedies
 
-SECREF-
                   SUBPART REFERRED TO IN OTHER SECTIONS
      This subpart is referred to in section 300aa-34 of this title.
 
-CITE-
    42 USC Sec. 300aa-21                                         01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER XIX - VACCINES
    Part 2 - National Vaccine Injury Compensation Program
    subpart b - additional remedies
 
-HEAD-
    Sec. 300aa-21. Authority to bring actions
 
-STATUTE-
    (a) Election
      After judgment has been entered by the United States Court of
    Federal Claims or, if an appeal is taken under section 300aa-12(f)
    of this title, after the appellate court's mandate is issued, the
    petitioner who filed the petition under section 300aa-11 of this
    title shall file with the clerk of the United States Court of
    Federal Claims -
        (1) if the judgment awarded compensation, an election in
      writing to receive the compensation or to file a civil action for
      damages for such injury or death, or
        (2) if the judgment did not award compensation, an election in
      writing to accept the judgment or to file a civil action for
      damages for such injury or death.
    An election shall be filed under this subsection not later than 90
    days after the date of the court's final judgment with respect to
    which the election is to be made.  If a person required to file an
    election with the court under this subsection does not file the
    election within the time prescribed for filing the election, such
    person shall be deemed to have filed an election to accept the
    judgment of the court.  If a person elects to receive compensation
    under a judgment of the court in an action for a vaccine-related
    injury or death associated with the administration of a vaccine
    before October 1, 1988, or is deemed to have accepted the judgment
    of the court in such an action, such person may not bring or
    maintain a civil action for damages against a vaccine administrator
    or manufacturer for the vaccine-related injury or death for which
    the judgment was entered.  For limitations on the bringing of civil
    actions for vaccine-related injuries or deaths associated with the
    administration of a vaccine after October 1, 1988, see section
    300aa-11(a)(2) of this title.
    (b) Continuance or withdrawal of petition
      A petitioner under a petition filed under section 300aa-11 of
    this title may submit to the United States Court of Federal Claims
    a notice in writing choosing to continue or to withdraw the
    petition if -
        (1) a special master fails to make a decision on such petition
      within the 240 days prescribed by section 300aa-12(d)(3)(A)(ii)
      of this title (excluding (i) any period of suspension under
      section 300aa-12(d)(3)(C) or 300aa-12(d)(3)(D) of this title, and
      (ii) any days the petition is before a special master as a result
      of a remand under section 300aa-12(e)(2)(C) of this title), or
        (2) the court fails to enter a judgment under section 300aa-12
      of this title on the petition within 420 days (excluding (i) any
      period of suspension under section 300aa-12(d)(3)(C) or
      300aa-12(d)(3)(D) of this title, and (ii) any days the petition
      is before a special master as a result of a remand under section
      300aa-12(e)(2)(C) of this title) after the date on which the
      petition was filed.
    Such a notice shall be filed within 30 days of the provision of the
    notice required by section 300aa-12(g) of this title.
    (c) Limitations of actions
      A civil action for damages arising from a vaccine-related injury
    or death for which a petition was filed under section 300aa-11 of
    this title shall, except as provided in section 300aa-16(c) of this
    title, be brought within the period prescribed by limitations of
    actions under State law applicable to such civil action.
 
-SOURCE-
    (July 1, 1944, ch. 373, title XXI, Sec. 2121, as added Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3772;
    amended Pub. L. 100-203, title IV, Sec. 4304(c), 4307(8), 4308(c),
    Dec. 22, 1987, 101 Stat. 1330-224, 1330-225; Pub. L. 100-360, title
    IV, Sec. 411(o)(3)(A), July 1, 1988, 102 Stat. 808; Pub. L.
    101-239, title VI, Sec. 6601(n), Dec. 19, 1989, 103 Stat. 2291;
    Pub. L. 101-502, Sec. 5(f), Nov. 3, 1990, 104 Stat. 1287; Pub. L.
    102-168, title II, Sec. 201(d)(3), Nov. 26, 1991, 105 Stat. 1103;
    Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
    4516.)
 
-COD-
                                CODIFICATION
      In subsec. (a), ''October 1, 1988,'' and ''October 1, 1988''
    substituted for ''the effective date of this part''.
 
-MISC3-
                                 AMENDMENTS
      1992 - Subsecs. (a), (b). Pub. L. 102-572 substituted ''United
    States Court of Federal Claims'' for ''United States Claims Court''
    wherever appearing.
      1991 - Subsec. (b). Pub. L. 102-168 substituted ''Continuance or
    withdrawal of petition'' for ''Withdrawal of petition'' in heading,
    redesignated introductory provisions of par. (1) as introductory
    provisions of subsec. (b) and substituted ''a notice in writing
    choosing to continue or to withdraw the petition'' for ''a notice
    in writing withdrawing the petition'', redesignated subpars. (A)
    and (B) of former par. (1) as pars. (1) and (2), respectively, and
    realigned margins, struck out at end of former par. (1) ''If such a
    notice is not filed before the expiration of such 30 days, the
    petition with respect to which the notice was to be filed shall be
    considered withdrawn under this paragraph.'', and struck out par.
    (2) which read as follows: ''If a special master or the court does
    not enter a decision or make a judgment on a petition filed under
    section 300aa-11 of this title within 30 days of the provision of
    the notice in accordance with section 300aa-12(g) of this title,
    the special master or court shall no longer have jurisdiction over
    such petition and such petition shall be considered as withdrawn
    under paragraph (1).''
      1990 - Subsec. (a). Pub. L. 101-502, Sec. 5(f)(1), in closing
    provisions, inserted after second sentence ''If a person elects to
    receive compensation under a judgment of the court in an action for
    a vaccine-related injury or death associated with the
    administration of a vaccine before October 1, 1988, or is deemed to
    have accepted the judgment of the court in such an action, such
    person may not bring or maintain a civil action for damages against
    a vaccine administrator or manufacturer for the vaccine-related
    injury or death for which the judgment was entered.'' and inserted
    ''for vaccine-related injuries or deaths associated with the
    administration of a vaccine after October 1, 1988'' after
    ''actions'' in last sentence.
      Subsec. (b). Pub. L. 101-502, Sec. 5(f)(2), amended subsec. (b)
    generally.  Prior to amendment, subsec. (b) read as follows: ''If
    the United States Claims Court fails to enter a judgment under
    section 300aa-12 of this title on a petition filed under section
    300aa-11 of this title within 420 days (excluding any period of
    suspension under section 300aa-12(d) of this title and excluding
    any days the petition is before a special master as a result of a
    remand under section 300aa-12(e)(2)(C) of this title) after the
    date on which the petition was filed, the petitioner may submit to
    the court a notice in writing withdrawing the petition.  An
    election shall be filed under this subsection not later than 90
    days after the date of the entry of the Claims Court's judgment or
    the appellate court's mandate with respect to which the election is
    to be made.  A person who has submitted a notice under this
    subsection may, notwithstanding section 300aa-11(a)(2) of this
    title, thereafter maintain a civil action for damages in a State or
    Federal court without regard to this subpart and consistent with
    otherwise applicable law.''
      1989 - Subsec. (a). Pub. L. 101-239, Sec. 6601(n)(1)(A), amended
    introductory provisions generally.  Prior to amendment,
    introductory provisions read as follows: ''After the judgment of
    the United States Claims Court under section 300aa-11 of this title
    on a petition filed for compensation under the Program for a
    vaccine-related injury or death has become final, the person who
    filed the petition shall file with the court - ''.
      Pub. L. 101-239, Sec. 6601(n)(1)(B), amended last sentence
    generally.  Prior to amendment, last sentence read as follows: ''If
    a person elects to receive compensation under a judgment of the
    court or is deemed to have accepted the judgment of the court, such
    person may not bring or maintain a civil action for damages against
    a vaccine manufacturer for the vaccine-related injury or death for
    which the judgment was entered.''
      Subsec. (b). Pub. L. 101-239, Sec. 6601(n)(2), substituted
    ''within 420 days (excluding any period of suspension under section
    300aa-12(d) of this title and excluding any days the petition is
    before a special master as a result of a remand under section
    300aa-12(e)(2)(C) of this title)'' for ''within 365 days'' in first
    sentence and amended second sentence generally.  Prior to
    amendment, second sentence read as follows: ''Such a notice shall
    be filed not later than 90 days after the expiration of such
    365-day period.''
      1988 - Subsec. (a). Pub. L. 100-360 added Pub. L. 100-203, Sec.
    4308(c), see 1987 Amendment note below.
      1987 - Subsec. (a). Pub. L. 100-203, Sec. 4308(c), as added by
    Pub. L. 100-360, substituted ''the court's final judgment'' for
    ''the entry of the court's judgment'' in concluding provisions.
      Pub. L. 100-203, Sec. 4307(8), substituted ''the United States
    Claims Court'' for ''a district court of the United States'' and
    ''the court'' for ''a court'' in three places.
      Subsecs. (b), (c). Pub. L. 100-203, Sec. 4304(c), added subsec.
    (b) and redesignated former subsec. (b) as (c).
                      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
      Amendment by Pub. L. 102-168 effective as 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 section 5(f)(1) of Pub. L. 101-502 effective Nov.
    14, 1986, and amendment by section 5(f)(2) of 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, except that
    such suspension be excluded in determining the 420-day period
    prescribed in subsec. (b) of this section, see section 6601(s)(1)
    of Pub. L. 101-239, set out as a note under section 300aa-10 of
    this title.
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Except as specifically provided in section 411 of Pub. L.
    100-360, amendment by Pub. L. 100-360, as it relates to a provision
    in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203,
    effective as if included in the enactment of that provision in Pub.
    L. 100-203, see section 411(a) of Pub. L. 100-360, set out as a
    Reference to OBRA; Effective Date note under section 106 of Title
    1, General Provisions.
                               EFFECTIVE DATE
      Subpart effective Oct. 1, 1988, see section 323 of Pub. L.
    99-660, set out as a note under section 300aa-1 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 300aa-11, 300aa-12,
    300aa-15, 300aa-16, 300aa-34 of this title.