Title 42The Public Health and WelfareRelease 119-73

§300aa–17 Subrogation

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–17

Last updated Apr 6, 2026|Official source

Summary

When the program pays someone for a vaccine-related injury or death, the compensation trust takes over that person's legal right to try to recover money for that same injury, but only up to the amount the trust paid. Any money the trust gets back must be collected for and put into the Vaccine Injury Compensation Trust Fund.

Full Legal Text

Title 42, §300aa–17

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

(a)Upon payment of compensation to any petitioner under the Program, the trust fund which has been established to provide such compensation shall be subrograted 11 So in original. Probably should be “subrogated”. to all rights of the petitioner with respect to the vaccine-related injury or death for which compensation was paid, except that the trust fund may not recover under such rights an amount greater than the amount of compensation paid to the petitioner.
(b)Amounts recovered under subsection (a) shall be collected on behalf of, and deposited in, the Vaccine Injury Compensation Trust Fund established under section 9510 of title 26.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1989—Subsec. (b). Pub. L. 101–239 substituted “the Vaccine Injury Compensation Trust Fund established under section 9510 of title 26” for “the trust fund which has been established to provide compensation under the Program”. 1987—Subsec. (a). Pub. L. 100–203 struck out par. (1) designation before “Upon” and struck out par. (2) which read as follows: “In any case in which it deems such action appropriate, a district court of the United States may, after entry of a final judgment providing for compensation to be paid under section 300aa–15 of this title for a vaccine-related injury or death, refer the record of such proceeding to the Secretary and the Attorney General with such recommendation as the court deems appropriate with respect to the investigation or commencement of a civil action by the Secretary under paragraph (1).”

Statutory Notes and Related Subsidiaries

Effective Date

of 1989 AmendmentFor applicability of

Amendments

by Pub. L. 101–239 to petitions filed after Dec. 19, 1989, petitions currently pending in which the evidentiary record is closed, and petitions currently pending in which the evidentiary record is not closed, with provision for an immediate suspension for 30 days of all pending cases, see section 6601(s)(1) of Pub. L. 101–239, set out as a note under section 300aa–10 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300aa–17

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73