§300aa–13 Determination of Eligibility and Compensation

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.