Title 42, The Public Health and WelfareRelease 119-110

§300aa–13 Determination of Eligibility and Compensation

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XIX — VACCINES › Part 2 — National Vaccine Injury Compensation Program › subpart a — program requirements › § 300aa–13

Last updated Sep 22, 2026|Official source

Summary

A person gets money from the Vaccine Injury Program only if the special master or court finds two things on the record. First, the person has proved, by a preponderance of the evidence (more likely than not), the facts the petition must show. Second, the record does not show, by a preponderance of the evidence, that the illness, injury, or death was caused by something unrelated to the vaccine. A decision cannot be based only on the petitioner’s claims without supporting medical records or medical opinion. Unknown or unexplained causes do not count as “unrelated.” Things like infections, toxins, trauma (including birth trauma and related lack of oxygen), or metabolic problems can be found to be the main cause, but only if the evidence shows they were. The special master or court must look at all medical and scientific evidence in the record. That includes diagnoses, medical judgments, autopsy reports, and test results. Those items can be weighed, but they are not automatically controlling. The decision must consider the whole file and the course of the condition up to the judgment. The finder may decide the first sign of the injury happened within the time limits in the Vaccine Injury Table even if records say otherwise, but only if the evidence makes that more likely than not. “Record” means the file of evidence the special masters put together in the petition case.

Full Legal Text

Title 42, §300aa–13

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

(a)General rule
(1)Compensation shall be awarded under the Program to a petitioner if the special master or court finds on the record as a whole—
(A)that the petitioner has demonstrated by a preponderance of the evidence the matters required in the petition by section 300aa–11(c)(1) of this title, and
(B)that there is not a preponderance of the evidence that the illness, disability, injury, condition, or death described in the petition is due to factors unrelated to the administration of the vaccine described in the petition.
The special master or court may not make such a finding based on the claims of a petitioner alone, unsubstantiated by medical records or by medical opinion.
(2)For purposes of paragraph (1), the term “factors unrelated to the administration of the vaccine”—
(A)does not include any idiopathic, unexplained, unknown, hypothetical, or undocumentable cause, factor, injury, illness, or condition, and
(B)may, as documented by the petitioner’s evidence or other material in the record, include infection, toxins, trauma (including birth trauma and related anoxia), or metabolic disturbances which have no known relation to the vaccine involved, but which in the particular case are shown to have been the agent or agents principally responsible for causing the petitioner’s illness, disability, injury, condition, or death.
(b)Matters to be considered
(1)In determining whether to award compensation to a petitioner under the Program, the special master or court shall consider, in addition to all other relevant medical and scientific evidence contained in the record—
(A)any diagnosis, conclusion, medical judgment, or autopsy or coroner’s report which is contained in the record regarding the nature, causation, and aggravation of the petitioner’s illness, disability, injury, condition, or death, and
(B)the results of any diagnostic or evaluative test which are contained in the record and the summaries and conclusions.
Any such diagnosis, conclusion, judgment, test result, report, or summary shall not be binding on the special master or court. In evaluating the weight to be afforded to any such diagnosis, conclusion, judgment, test result, report, or summary, the special master or court shall consider the entire record and the course of the injury, disability, illness, or condition until the date of the judgment of the special master or court.
(2)The special master or court may find the first symptom or manifestation of onset or significant aggravation of an injury, disability, illness, condition, or death described in a petition occurred within the time period described in the Vaccine Injury Table even though the occurrence of such symptom or manifestation was not recorded or was incorrectly recorded as having occurred outside such period. Such a finding may be made only upon demonstration by a preponderance of the evidence that the onset or significant aggravation of the injury, disability, illness, condition, or death described in the petition did in fact occur within the time period described in the Vaccine Injury Table.
(c)“Record” defined
For purposes of this section, the term “record” means the record established by the special masters of the United States Court of Federal Claims in a proceeding on a petition filed under section 300aa–11 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 300aa–13, act
July 1, 1944, § 2114, was successively renumbered by subsequent acts and transferred, see section 238k of this title. A prior section 2113 of act
July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238j of this title.

Amendments

1992—Subsec. (c). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1990—Subsec. (c). Pub. L. 101–502 inserted “the” after “special masters of”. 1989—Subsecs. (a)(1), (b). Pub. L. 101–239, § 6601(j)(1), substituted “special master or court” for “court” wherever appearing. Subsec. (c). Pub. L. 101–239, § 6601(j)(2), inserted “special masters of” after “established by the”. 1987—Subsec. (c). Pub. L. 100–203 substituted “the United States Claims Court” for “a district court of the United States”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–502 effective Sept. 30, 1990, see section 5(h) of Pub. L. 101–502, set out as a note under section 300aa–11 of this title.

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–13

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110