Title 42 — The Public Health and WelfareRelease 119-73

§239b Smallpox vaccine injury table

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER I— - ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part Part C— - Smallpox Emergency Personnel Protection › § 239b

Last updated Apr 6, 2026|Official source

Summary

The Secretary must quickly create a rule that lists side effects (injuries, illnesses, disabilities, conditions, and deaths) that will be treated as caused by a smallpox vaccine or exposure to it. The list must also say how soon after vaccination each side effect must start for that presumption to apply. The Secretary can change the list by rule. A change starts on the day the final rule is issued and applies to claims filed that day or later and to claims already pending. If the change makes someone newly eligible, that person must file or update their claim within one year after the rule date if they got the vaccine, or within two years if the claim is for an accidental vaccinia inoculation.

Full Legal Text

Title 42, §239b

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)The Secretary shall establish by interim final regulation a table identifying adverse effects (including injuries, disabilities, illnesses, conditions, and deaths) that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine, and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply.

(2)The Secretary may by regulation amend the table established under paragraph (1). An amendment to the table takes effect on the date of the promulgation of the final rule that makes the amendment, and applies to all requests for benefits or compensation under this part that are filed on or after such date or are pending as of such date. In addition, the amendment applies retroactively to an individual who was not with respect to the injury involved an eligible individual under the table as in effect before the amendment but who with respect to such injury is an eligible individual under the table as amended. With respect to a request for benefits or compensation under this part by an individual who becomes an eligible individual as described in the preceding sentence, the Secretary may not provide such benefits or compensation unless the request (or amendment to a request, as applicable) is filed before the expiration of one year after the effective date of the amendment to the table in the case of an individual to whom the vaccine was administered and before the expiration of two years after such effective date in the case of a request based on accidental vaccinia inoculation.

Reference

Citations & Metadata

Citation

42 U.S.C. § 239b

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73