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42 U.S.C. § 300aa–11

Petitions for compensation

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 300aa–11, Petitions for compensation, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/476447
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Full text

No person may bring a civil action for damages in an amount greater than $1,000 or in an unspecified amount against a vaccine administrator or manufacturer in a State or Federal court for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, and no such court may award damages in an amount greater than $1,000 in a civil action for damages for such a vaccine-related injury or death, unless a petition has been filed, in accordance with section 300aa–16 of this title, for compensation under the Program for such injury or death and— A petition for compensation under the Program for a vaccine-related injury or death shall contain— except as provided in paragraph (3), an affidavit, and supporting documentation, demonstrating that the person who suffered such injury or who died— if such person received a vaccine set forth in the Vaccine Injury Table— A petition may also include other available relevant medical records relating to the person who suffered such injury or who died from the administration of the vaccine. The petitioner shall submit in accordance with a schedule set by the special master assigned to the petition assessments, evaluations, and prognoses and such other records and documents as are reasonably necessary for the determination of the amount of compensation to be paid to, or on behalf of, the person who suffered such injury or who died from the administration of the vaccine. Notwithstanding any other provision of law, for purposes of this subpart, both a woman who received a covered vaccine while pregnant and any child who was in utero at the time such woman received the vaccine shall be considered persons to whom the covered vaccine was administered and persons who received the covered vaccine. As used in this subsection, the term “child” shall have the meaning given that term by subsections (a) and (b) of section 8 of title 1 except that, for purposes of this subsection, such section 8 shall be applied as if the term “include” in subsection (a) of such section were replaced with the term “mean”.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 99-660(S. 1744)1986-11-14
    State Comprehensive Mental Health Services Plan Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-203(H.R. 3545)1987-12-22
    Omnibus Budget Reconciliation Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-239(H.R. 3299)1989-12-19
    Omnibus Budget Reconciliation Act of 1989
    House: no recorded tallySenate: 87–7
  • Amended byPub. L. 101-502(H.R. 4238)1990-11-03
    Vaccine and Immunization Amendments of 1990
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-168(H.R. 3402)1991-11-26
    Health Information, Health Promotion, and Vaccine Injury Compensation Amendments of 1991
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-572(S. 1569)1992-10-29
    Federal Courts Administration Act of 1992
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-43(S. 1)1993-06-10
    National Institutes of Health Revitalization Act of 1993
  • Amended byPub. L. 105-277(H.R. 4328)1998-10-21
    Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
  • Amended byPub. L. 106-310(H.R. 4365)2000-10-17
    Children's Health Act of 2000
    House: 419–2Senate: no recorded tally
  • Amended byPub. L. 114-255(H.R. 34)2016-12-13
    21st Century Cures Act
    House: no recorded tallySenate: no recorded tally