42 U.S.C. § 300aa–16 — Limitations of actions

submitted 82 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 501 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets deadlines for filing vaccine injury petitions. Deadlines depend on whether the vaccine was given before or after October 1988. A revised Vaccine Injury Table can reopen a filing window for up to two years.

(a) General rule For a vaccine listed on the Vaccine Injury Table that was given before October 1, 1988: no petition may be filed more than 28 months after October 1, 1988, and no petition may be filed at all if the first symptoms of the injury started more than 36 months after the vaccine was given. For a vaccine listed on the Table that was given after October 1, 1988, causing an injury: no petition may be filed more than 36 months after the first symptoms of that injury started. For a vaccine listed on the Table that was given after October 1, 1988, causing a death: no petition may be filed more than 24 months after the death, and none may be filed more than 48 months after the first symptoms of the injury that led to the death started. (b) Effect of revised table If a revision to the Vaccine Injury Table would newly allow someone to seek compensation, or would significantly improve their odds of getting it, that person may — despite the usual one-petition-per-vaccination rule — file a petition within 2 years of the revision's effective date. But no compensation may be provided for an injury or death newly covered by the revision if the death happened more than 8 years before the revision, or the injury happened more than 8 years before the revision. (c) State limitations of actions If a petition is filed for a vaccine-related injury or death, any state-law deadline for filing a related civil lawsuit is paused, starting the day the petition is filed and ending on the day the petitioner either elects to file the civil lawsuit instead, under section 300aa–21(a), or elects to withdraw the petition, under section 300aa–21(b).

the actual law source: uscode.house.gov ↗public domain

(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.

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 credit: (July 1, 1944, ch. 373, title XXI, § 2116, as added Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3769; amended Pub. L. 100–203, title IV, § 4302(b)(2), Dec. 22, 1987, 101 Stat. 1330–221; Pub. L. 101–239, title VI, § 6601(m)(1), Dec. 19, 1989, 103 Stat. 2291; Pub. L. 101–502, § 5(e), Nov. 3, 1990, 104 Stat. 1287; Pub. L. 102–168, title II, § 201(d)(2), Nov. 26, 1991, 105 Stat. 1103; Pub. L. 103–66, title XIII, § 13632(a)(1), Aug. 10, 1993, 107 Stat. 645.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 99-660 · 100 Stat. 3769
1987Amended · Pub. L. 100-203 · 101 Stat. 1330
1989Amended · Pub. L. 101-239 · 103 Stat. 2291
1990Amended · Pub. L. 101-502 · 104 Stat. 1287
1991Amended · Pub. L. 102-168 · 105 Stat. 1103
1993Amended · Pub. L. 103-66 · 107 Stat. 645

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-660 on 1944-07-01.

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