42 U.S.C. § 300aa–23 — Trial

(a) General rule: A civil lawsuit against a vaccine manufacturer for a vaccine given after October 1, 1988 — one not barred by section 300aa–11(a)(2) — must be tried in three separate stages. (b) Liability: The first stage decides whether the manufacturer is liable under section 300aa–22. (c) General damages: The second stage decides how much the manufacturer must pay in damages, not counting punitive damages, if it was found liable in stage one. (d) Punitive damages: (1) If the person suing asks for it, the third stage decides how much the manufacturer must pay in punitive damages. (2) If the manufacturer shows it mostly followed the Federal Food, Drug, and Cosmetic Act and this chapter for that vaccine, it cannot be forced to pay punitive damages — unless the manufacturer committed: (A) fraud or intentionally and wrongly hid information from the Secretary while the vaccine was being approved under section 262; (B) intentionally and wrongly hid information about the vaccine's safety or effectiveness after it was approved; or (C) other criminal or illegal activity related to vaccine safety and effectiveness, connected to the injury or death the lawsuit is about. (e) Evidence: At any stage of the trial, the Vaccine Injury Table, any fact or legal conclusion from the U.S. Court of Federal Claims or a special master in a related vaccine-court case, and the final judgment (and any appeal) from that vaccine-court case cannot be used as evidence.