§247d–6e Covered Countermeasure Process

Summary

When the Secretary declares an emergency for use of certain medical countermeasures, the Treasury must set up an emergency fund called the "Covered Countermeasure Process Fund." That fund uses emergency money designated under H. Con. Res. 95 of the 109th Congress and that emergency designation stays in effect through October 1, 2006. After money is available, the Secretary must pay people who are found eligible for serious injury or death caused directly by the covered countermeasure used under the declaration. The payments follow the same rules and amounts as the federal smallpox countermeasure program, with one narrow exception. Medical care and lifetime lost-employment benefits for permanent total disability are not limited by that other rule. The Secretary must follow the usual claim rules and make decisions based on strong medical and scientific evidence. The Secretary will also make a table of specific injuries that are presumed to be caused by the countermeasure and the time window for symptoms; only injuries backed by strong medical evidence go on the table, and courts cannot review the Secretary’s actions about the table. People must normally seek payment from the Fund before suing a covered person, unless the Fund has no money or the Secretary fails to make a final decision within 240 days. The time limit to bring a lawsuit is paused while a claim is pending. If the Secretary approves compensation, the person can choose either the payment or to sue; accepting payment ends the right to sue. Definitions (one line each) covered countermeasure — the medical product covered by the declaration; covered individual — someone in a group named in the declaration or someone who used the product believing they were in that group; covered injury — serious physical injury or death; declaration — the Secretary’s emergency declaration; eligible individual — a covered individual who sustains a covered injury.