Title 42 — The Public Health and WelfareRelease 119-73
§300aa–10 Establishment of program
Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XIX— - VACCINES › Part Part 2— - National Vaccine Injury Compensation Program › Subpart subpart a— - program requirements › § 300aa–10
Summary
Creates the National Vaccine Injury Compensation Program. The Secretary will run the program. People may be paid for an injury or death related to a vaccine. Any lawyer who is asked about a vaccine-related injury or death must tell the person that money may be available through the program. The Secretary must also make reasonable efforts to let the public know the program exists.
Full Legal Text
Title 42, §300aa–10
The Public Health and Welfare — Source: USLM XML via OLRC
(a)There is established the National Vaccine Injury Compensation Program to be administered by the Secretary under which compensation may be paid for a vaccine-related injury or death.
(b)It shall be the ethical obligation of any attorney who is consulted by an individual with respect to a vaccine-related injury or death to advise such individual that compensation may be available under the program 11 So in original. Probably should be capitalized. for such injury or death.
(c)The Secretary shall undertake reasonable efforts to inform the public of the availability of the Program.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 300aa–10, act
July 1, 1944, § 2111, was successively renumbered by subsequent acts and transferred, see section 238h of this title. A prior section 2110 of act
July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238g of this title.
Amendments
1989—Subsec. (c). Pub. L. 101–239 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
of 1989 Amendment section 6601(s) of Pub. L. 101–239, as amended by Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided that: “(1) Except as provided in paragraph (2), the
Amendments
made by this section [amending this section and sections 300aa–11 to 300aa–17, 300aa–21, 300aa–23, 300aa–26, and 300aa–27 of this title] shall apply as follows:“(A) Petitions filed after the date of enactment of this section [Dec. 19, 1989] shall proceed under the National Vaccine Injury Compensation Program under title XXI of the Public Health Service Act [42 U.S.C. 300aa–1 et seq.] as amended by this section. “(B) Petitions currently pending in which the evidentiary record is closed shall continue to proceed under the Program in accordance with the law in effect before the date of the enactment of this section, except that if the United States Court of Federal Claims is to review the findings of fact and conclusions of law of a special master on such a petition, the court may receive further evidence in conducting such review. “(C) Petitions currently pending in which the evidentiary record is not closed shall proceed under the Program in accordance with the law as amended by this section. All pending cases which will proceed under the Program as amended by this section shall be immediately suspended for 30 days to enable the special masters and parties to prepare for proceeding under the Program as amended by this section. In determining the 240-day period prescribed by section 2112(d) of the Public Health Service Act [42 U.S.C. 300aa–12(d)], as amended by this section, or the 420-day period prescribed by section 2121(b) of such Act [42 U.S.C. 300aa–21(b)], as so amended, any period of suspension under the preceding sentence shall be excluded. “(2) The
Amendments
to section 2115 of the Public Health Service Act [42 U.S.C. 300aa–15] shall apply to all pending and subsequently filed petitions.”
Effective Date
Subpart effective Oct. 1, 1988, see section 323 of Pub. L. 99–660, as amended, set out as a note under section 300aa–1 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 300aa–10
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73