42 U.S.C. § 300aa–16: Limitations of actions

Summary

Sets time limits for when you can file a vaccine-injury claim in the federal program. If the vaccine was given before October 1, 1988, you could not file after 28 months from October 1, 1988, and you cannot file at all if the first symptom showed up more than 36 months after the shot. If the vaccine was given after October 1, 1988, you must file within 36 months after the first symptom for an injury. For a death after that date, you must file within 24 months of the death and no later than 48 months after the first symptom. If the Vaccine Injury Table is changed so someone becomes newly eligible or more likely to get compensation, that person may file within 2 years of the change, unless the injury or death happened more than 8 years before the change. Filing a federal petition pauses state court time limits from the filing date until the person either chooses to sue in state court or withdraws the petition.

Title 42, §300aa–16

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

(a)General rule

In the case of

(1)

(2)a vaccine set forth in the Vaccine Injury Table which is administered after October 1, 1988, if a vaccine-related injury occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such injury after the expiration of 36 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of such injury, and

(3)a vaccine set forth in the Vaccine Injury Table which is administered after October 1, 1988, if a death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such death after the expiration of 24 months from the date of the death and no such petition may be filed more than 48 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted.

(b)Effect of revised table

If at any time the Vaccine Injury Table is revised and the effect of such revision is to permit an individual who was not, before such revision, eligible to seek compensation under the Program, or to significantly increase the likelihood of obtaining compensation, such person may, notwithstanding section 300aa–11(b)(2) of this title, file a petition for such compensation not later than 2 years after the effective date of the revision, except that no compensation may be provided under the Program with respect to a vaccine-related injury or death covered under the revision of the table if—

(1)the vaccine-related death occurred more than 8 years before the date of the revision of the table, or

(2)the vaccine-related injury occurred more than 8 years before the date of the revision of the table.

(c)State limitations of actions

If a petition is filed under section 300aa–11 of this title for a vaccine-related injury or death, limitations of actions under State law shall be stayed with respect to a civil action brought for such injury or death for the period beginning on the date the petition is filed and ending on the date (1) an election is made under section 300aa–21(a) of this title to file the civil action or (2) an election is made under section 300aa–21(b) of this title to withdraw the petition.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a)(1) to (3), “

October 1, 1988” and “

October 1, 1988,” substituted for “the

Effective Date

of this subpart” on authority of section 323 of Pub. L. 99–660, as amended, set out as an

Effective Date

note under section 300aa–1 of this title.

Prior Provisions

A prior section 2116 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238m of this title.

Amendments

1993—Subsec. (b). Pub. L. 103–66 substituted “or to significantly increase the likelihood of obtaining compensation, such person may, notwithstanding section 300aa–11(b)(2) of this title, file” for “such person may file”. 1991—Subsec. (c). Pub. L. 102–168 substituted “or (2)” for “, (2)” and struck out “, or (3) the petition is considered withdrawn under section 300aa–21(b) of this title.” 1990—Subsec. (a)(1). Pub. L. 101–502, § 5(e)(1), substituted “28 months” for “24 months” and inserted before comma at end “and no such petition may be filed if the first symptom or manifestation of onset or of the significant aggravation of such injury occurred more than 36 months after the date of administration of the vaccine”. Subsec. (c). Pub. L. 101–502, § 5(e)(2), substituted “and ending on the date (1) an election is made under section 300aa–21(a) of this title to file the civil action, (2) an election is made under section 300aa–21(b) of this title to withdraw the petition, or (3) the petition is considered withdrawn under section 300aa–21(b) of this title” for “and ending on the date a final judgment is entered on the petition”. 1989—Subsec. (c). Pub. L. 101–239 substituted “300aa–11 of this title” for “300aa–11(b) of this title”. 1987—Subsec. (a). Pub. L. 100–203 substituted “

Effective Date

of this subpart” for “

Effective Date

of this subchapter” in pars. (1) to (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1991 AmendmentAmendment by Pub. L. 102–168 effective as if in effect on and after Oct. 1, 1988, see section 201(i)(2) of Pub. L. 102–168, set out as a note under section 300aa–11 of this title.

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.

§300aa–16 Limitations of Actions

Summary

Title 42, §300aa–16

Notes & Related Subsidiaries

Editorial Notes

Effective Date

Effective Date

Prior Provisions

Amendments

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Citations & Metadata