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42 U.S.C. § 300aa–21 — Authority to bring actions

submitted 82 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 553 words · no verdicts yet

in plain englishAI-generated · not legal advice

After the vaccine court decides a case, the person who filed must choose within 90 days. They can accept the court's compensation or judgment, or instead sue the vaccine maker. A person can also leave slow-moving cases, and lawsuits must follow state law deadlines.

(a) Election: After the U.S. Court of Federal Claims enters judgment — or, if someone appeals under section 300aa–12(f), after the appeals court issues its mandate — the person who filed the petition under section 300aa–11 must file a written choice with the court clerk. If the judgment awarded compensation, the person must choose: take the compensation, or instead file a civil lawsuit for damages. If the judgment did not award compensation, the person must choose: accept the judgment, or instead file a civil lawsuit for damages. This choice must be filed within 90 days after the court's final judgment. If someone misses that deadline, the law treats them as if they chose to accept the judgment. If a person chooses to take compensation for a vaccine given before October 1, 1988 — or is treated as accepting the judgment — that person cannot also sue the vaccine's maker or administrator for the same injury or death. (Section 300aa–11(a)(2) explains the separate rules that limit lawsuits over vaccines given on or after October 1, 1988.) (b) Continuance or withdrawal of petition: A person can tell the U.S. Court of Federal Claims in writing that they want to continue or withdraw their petition if either of two delays happens: (1) a special master does not decide the petition within the 240 days set by section 300aa–12(d)(3)(A)(ii) — not counting certain suspended periods or time spent on remand under section 300aa–12(e)(2)(C); or (2) the court does not enter judgment within 420 days after the petition was filed — again not counting those same suspended or remand periods. This written notice must be filed within 30 days after the notice required by section 300aa–12(g). (c) Limitations of actions: A civil lawsuit for damages from a vaccine injury or death — one for which a petition was filed under section 300aa–11 — must be filed within the time limit set by the state law that would normally apply to that kind of lawsuit. Section 300aa–16(c) sets an exception to this rule.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (July 1, 1944, ch. 373, title XXI, § 2121, as added Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3772; amended Pub. L. 100–203, title IV, §§ 4304(c), 4307(8), 4308(c), Dec. 22, 1987, 101 Stat. 1330–224, 1330–225; Pub. L. 100–360, title IV, § 411(o)(3)(A), July 1, 1988, 102 Stat. 808; Pub. L. 101–239, title VI, § 6601(n), Dec. 19, 1989, 103 Stat. 2291; Pub. L. 101–502, § 5(f), Nov. 3, 1990, 104 Stat. 1287; Pub. L. 102–168, title II, § 201(d)(3), Nov. 26, 1991, 105 Stat. 1103; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 99-660 · 100 Stat. 3772
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
  • 1988Amended · Pub. L. 100-360 · 102 Stat. 808
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2291
  • 1990Amended · Pub. L. 101-502 · 104 Stat. 1287
  • 1991Amended · Pub. L. 102-168 · 105 Stat. 1103
  • 1992Amended · Pub. L. 102-572 · 106 Stat. 4516

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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