Smallpox Vaccine Injury Law Project

3 Feb 2003 - Proposed Amendment of the Homeland Security Act, Section 304, to protect against claims for vaccine-related injuries. 

(C) LEGAL IMMUNITY FOR PRESUMPTION OF ADMINISTRATION WITHIN SCOPE OF DECLARATION IN CASE OF ACCIDENTAL VACCINIA INOCULATION- 

(i) IN GENERAL- If vaccinia vaccine is a covered countermeasure specified in a declaration under subparagraph (A), and an individual to whom the vaccinia vaccine is not administered contracts vaccinia, then, under the circumstances specified in clause (ii), the individual-- 

(I) shall be rebuttably presumed to have contracted vaccinia, directly or indirectly, from an individual to whom such vaccine was administered as provided by clauses (i) and (ii) of subparagraph (B); and 

(II) shall (unless such presumption is rebutted) be deemed for purposes of this subsection to be an individual to whom a covered countermeasure was administered by a qualified person in accordance with the terms of such declaration and as described by subparagraph (B). 

(ii) All claims by individuals for smallpox vaccine-related injuries arising from vaccination with smallpox vaccine or from accidental infection with vaccinia originating with a covered countermeasure as established in subsections (I) and (II) must be filed against the United States Public Health Service. The remedy provided by this section shall be exclusive of any other civil action or proceeding for any claim or suit.

Please send comments to Edward P. Richards