Title 42 — The Public Health and WelfareRelease 119-73
§300aa–31 Citizen’s actions
Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XIX— - VACCINES › Part Part 2— - National Vaccine Injury Compensation Program › Subpart subpart d— - general provisions › § 300aa–31
Summary
Anyone may sue the Secretary in federal court if the Secretary fails to perform a duty under this part, but you must give written notice and wait 60 days before filing. If the plaintiff wins on an important issue, the court can make the Secretary pay reasonable legal costs, including lawyer and expert fees.
Full Legal Text
Title 42, §300aa–31
The Public Health and Welfare — Source: USLM XML via OLRC
(a)Except as provided in subsection (b), any person may commence in a district court of the United States a civil action on such person’s own behalf against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this part.
(b)No action may be commenced under subsection (a) before the date which is 60 days after the person bringing the action has given written notice of intent to commence such action to the Secretary.
(c)The court, in issuing any final order in any action under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any plaintiff who substantially prevails on one or more significant issues in the action.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1987—Subsec. (c). Pub. L. 100–203, which directed that subsec. (c) be amended by substituting “to any plaintiff who substantially prevails on one or more significant issues in the action” for “to any party, whenever the court determines that such award is appropriate”, was executed by making the substitution for “to any party, whenever the court determines such award is appropriate”, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date
Subpart effective Dec. 22, 1987, see section 323 of Pub. L. 99–660, set out as a note under section 300aa–1 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 300aa–31
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73