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42 U.S.C. § 300aa–17 — Subrogation

submitted 82 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 103 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the vaccine trust fund recover money it pays out. Once compensation is paid, the fund takes over the petitioner's legal rights related to the injury. It cannot recover more than it actually paid.

(a) General rule Once the trust fund pays compensation to a petitioner, it takes over — becomes "subrogated" to — all of that petitioner's legal rights connected to the vaccine-related injury or death, meaning the fund can pursue those rights itself. But the fund can never recover more than the amount of compensation it actually paid to the petitioner. (b) Disposition of amounts recovered Any money the fund recovers this way is collected on behalf of, and deposited into, the Vaccine Injury Compensation Trust Fund established under section 9510 of title 26.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

Upon payment of compensation to any petitioner under the Program, the trust fund which has been established to provide such compensation shall be subrograted 1 to all rights of the petitioner with respect to the vaccine-related injury or death for which compensation was paid, except that the trust fund may not recover under such rights an amount greater than the amount of compensation paid to the petitioner.

(b) Disposition of amounts recovered

Amounts recovered under subsection (a) shall be collected on behalf of, and deposited in, the Vaccine Injury Compensation Trust Fund established under section 9510 of title 26.

Source credit: (July 1, 1944, ch. 373, title XXI, § 2117, as added Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3770; amended Pub. L. 100–203, title IV, § 4307(7), Dec. 22, 1987, 101 Stat. 1330–225; Pub. L. 101–239, title VI, § 6601(m)(2), Dec. 19, 1989, 103 Stat. 2291.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 99-660 · 100 Stat. 3770
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2291

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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