42 U.S.C. § 300aa–11 — Petitions for compensation

(a) General rule To start a claim, a person files a petition with the U.S. Court of Federal Claims and serves it on the Secretary. The court clerk forwards it to the chief special master, who assigns it to a special master. As a general rule, no one may sue a vaccine administrator or manufacturer for more than $1,000 in damages, in any state or federal court, for a vaccine-related injury or death from a vaccine given after October 1, 1988, unless they first filed a Program petition for that injury or death, and either: the Court of Federal Claims already issued a judgment on the petition and the person then chose under section 300aa–21(a) to file the lawsuit instead, or the person withdrew the petition (or it is treated as withdrawn) under section 300aa–21(b). If a barred lawsuit is filed anyway, the court must dismiss it — but if a Program petition for that same injury is then filed within one year of the dismissal, the lawsuit's original filing date counts as the petition's filing date for deadline purposes. Except for that one situation, no vaccine administrator or manufacturer may be sued at all over a vaccine-related injury or death from a vaccine given after October 1, 1988. Several transition rules also apply to lawsuits and vaccines from before October 1, 1988. Someone who already lost a pre-1988 lawsuit against a vaccine administrator or manufacturer, or had it dismissed with prejudice, may file a Program petition instead. Someone who had a lawsuit still pending on October 1, 1988, could — within two years of that date, or before judgment, whichever came first — ask to have the lawsuit dismissed without cost, and then file a Program petition instead; but a person with such a suit still pending cannot file a Program petition while it remains pending. Someone who filed a lawsuit after November 15, 1988, over a vaccine given before that date cannot file a Program petition for that same injury or death. Anyone who already won damages by court judgment or settlement in a lawsuit cannot also file a Program petition for the same injury or death. But if a pre-1988 lawsuit was on appeal or rehearing as of October 1, 1988, and the final outcome denied damages, that person may still file a Program petition. This subsection applies only to people who actually suffered a vaccine-related injury or death and who otherwise qualify to file a petition. The clerk of the Court of Federal Claims may keep accepting and forwarding petitions for injuries or deaths tied to vaccines given on or after October 1, 1992. (b) Petitioners Generally, anyone who suffered a vaccine-related injury — or the legal representative of that person if they are a minor or disabled, or the legal representative of someone who died from a vaccine listed on the Vaccine Injury Table — may file a petition, as long as they meet the requirements in subsection (c)(1). However, once compensation has been paid on 3,500 petitions for injuries or deaths tied to vaccines given before October 1, 1988, no more petitions may be filed for those pre-1988 vaccines. Only one petition may be filed for each administration of a vaccine. A covered vaccine given to a pregnant woman counts as more than one administration — one to the mother, and one to each child who was in the womb at the time. (c) Petition content Except in limited cases, the petition must include a sworn statement and supporting documents showing that the injured or deceased person: (A) received a vaccine listed on the Vaccine Injury Table, or — if not — caught polio from someone else who received an oral polio vaccine; (B) received the vaccine in the United States or its trust territories (or, for a citizen serving abroad or their dependent, received it abroad while connected to U.S. government or military service, or received a U.S.-manufactured vaccine abroad and returned to the U.S. within six months) — or, for the polio exception, was a U.S. citizen or dependent; (C) either suffered or had significantly worsened an illness, disability, injury, or condition listed on the Vaccine Injury Table, with the first symptoms appearing within the Table's time window, or suffered a condition not listed on the Table (or outside its time window) that was actually caused by the vaccine, as shown by the evidence; (D) either suffered lasting effects of the injury for more than six months, died from the vaccine, or suffered an injury that led to hospitalization and surgery; and (E) has not already collected an award or settlement from a civil lawsuit for the same injury or death. The petition must also include maternal prenatal and delivery records, newborn hospital records, vaccination records, medical records from before and after the injury, and — if applicable — a death certificate and autopsy results. If any of these records are unavailable, the petition must say so and explain why. (d) Additional information A petition may also include any other relevant medical records about the person who suffered the injury or died. (e) Schedule The petitioner must submit medical assessments, evaluations, prognoses, and other records and documents reasonably needed to determine the compensation amount, following a schedule set by the special master assigned to the petition. (f) Maternal immunization If a pregnant woman receives a covered vaccine, both she and any child who was in the womb at the time are treated as people to whom the vaccine was administered. For this purpose, "child" has the meaning given in subsections (a) and (b) of section 8 of title 1 — except that wherever that section uses the word "include," it is read here to mean only that.