(1) (1) A person that administers a vaccine or other immunizing agent to an adult is not liable for injuries sustained pursuant to the vaccine or other immunizing agent if:(a) The vaccine or other immunizing agent was administered in accordance with the schedule of recommended adult immunizations established by the state board of health pursuant to section 25-4-2604;(b) There were no medical contraindications for administering the vaccine or other immunizing agent; and(c) The vaccine or other immunizing agent was administered using generally accepted clinical methods.(2) An action shall not be maintained for a vaccine-related or immunizing-agent-related injury or death until action for compensation for the alleged injury is exhausted under the terms of the federal “National Childhood Vaccine Injury Act of 1986”, 42 U.S.C. secs. 300aa-10 to 300aa-33, as such law is from time to time amended, so long as the federal “National Childhood Vaccine Injury Act of 1986” applies to the particular vaccine or immunizing agent administered.(3) If the injury that is sustained or the death does not fall within the parameters of the vaccine or immunizing agent injury table as defined in 42 U.S.C. sec. 300aa-14, as enacted on November 14, 1986, a rebuttable presumption is established that the injury sustained or the death was not due to the administration of the vaccine or immunizing agent. The presumption is overcome by a preponderance of the evidence.(4) (a) Where a claim brought on or before January 30, 2029, against a hospital, clinic, pharmacy, wholesaler, or provider arises from injuries resulting from the handling, storage, or distribution of vaccines or immunizing agents pursuant to this part 26, the hospital, clinic, pharmacy, wholesaler, or provider is not liable unless the injuries are the result of the negligent failure of an employee of the hospital, clinic, pharmacy, wholesaler, or provider to conform to recognized standards of practice that are necessary for the protection of public health.(b) This subsection (4) is repealed, effective July 1, 2031.(5) Where a claim brought on or after January 31, 2029, against a hospital, clinic, pharmacy, or provider arises from injuries resulting from the handling, storage, or distribution of vaccines or immunizing agents pursuant to this part 26, the hospital, clinic, pharmacy, or provider is not liable unless the injuries are the result of the negligent failure of an employee of the hospital, clinic, pharmacy, or provider to conform to recognized standards of practice that are necessary for the protection of public health.
(1) A person that administers a vaccine or other immunizing agent to an adult is not liable for injuries sustained pursuant to the vaccine or other immunizing agent if:(a) The vaccine or other immunizing agent was administered in accordance with the schedule of recommended adult immunizations established by the state board of health pursuant to section 25-4-2604;(b) There were no medical contraindications for administering the vaccine or other immunizing agent; and(c) The vaccine or other immunizing agent was administered using generally accepted clinical methods.
(a) The vaccine or other immunizing agent was administered in accordance with the schedule of recommended adult immunizations established by the state board of health pursuant to section 25-4-2604;
(b) There were no medical contraindications for administering the vaccine or other immunizing agent; and
(c) The vaccine or other immunizing agent was administered using generally accepted clinical methods.
(2) An action shall not be maintained for a vaccine-related or immunizing-agent-related injury or death until action for compensation for the alleged injury is exhausted under the terms of the federal “National Childhood Vaccine Injury Act of 1986”, 42 U.S.C. secs. 300aa-10 to 300aa-33, as such law is from time to time amended, so long as the federal “National Childhood Vaccine Injury Act of 1986” applies to the particular vaccine or immunizing agent administered.
(3) If the injury that is sustained or the death does not fall within the parameters of the vaccine or immunizing agent injury table as defined in 42 U.S.C. sec. 300aa-14, as enacted on November 14, 1986, a rebuttable presumption is established that the injury sustained or the death was not due to the administration of the vaccine or immunizing agent. The presumption is overcome by a preponderance of the evidence.
(4) (a) Where a claim brought on or before January 30, 2029, against a hospital, clinic, pharmacy, wholesaler, or provider arises from injuries resulting from the handling, storage, or distribution of vaccines or immunizing agents pursuant to this part 26, the hospital, clinic, pharmacy, wholesaler, or provider is not liable unless the injuries are the result of the negligent failure of an employee of the hospital, clinic, pharmacy, wholesaler, or provider to conform to recognized standards of practice that are necessary for the protection of public health.(b) This subsection (4) is repealed, effective July 1, 2031.
(a) Where a claim brought on or before January 30, 2029, against a hospital, clinic, pharmacy, wholesaler, or provider arises from injuries resulting from the handling, storage, or distribution of vaccines or immunizing agents pursuant to this part 26, the hospital, clinic, pharmacy, wholesaler, or provider is not liable unless the injuries are the result of the negligent failure of an employee of the hospital, clinic, pharmacy, wholesaler, or provider to conform to recognized standards of practice that are necessary for the protection of public health.
(b) This subsection (4) is repealed, effective July 1, 2031.
(5) Where a claim brought on or after January 31, 2029, against a hospital, clinic, pharmacy, or provider arises from injuries resulting from the handling, storage, or distribution of vaccines or immunizing agents pursuant to this part 26, the hospital, clinic, pharmacy, or provider is not liable unless the injuries are the result of the negligent failure of an employee of the hospital, clinic, pharmacy, or provider to conform to recognized standards of practice that are necessary for the protection of public health.