A petition for compensation under the Program for a vaccine-related injury or death shall contain-
A petition may also include other available relevant medical records relating to the person who suffered such injury or who died from the administration of the vaccine.
The petitioner shall submit in accordance with a schedule set by the special master assigned to the petition assessments, evaluations, and prognoses and such other records and documents as are reasonably necessary for the determination of the amount of compensation to be paid to, or on behalf of, the person who suffered such injury or who died from the administration of the vaccine.
Notwithstanding any other provision of law, for purposes of this subpart, both a woman who received a covered vaccine while pregnant and any child who was in utero at the time such woman received the vaccine shall be considered persons to whom the covered vaccine was administered and persons who received the covered vaccine.
As used in this subsection, the term "child" shall have the meaning given that term by subsections (a) and (b) of section 8 of title 1 except that, for purposes of this subsection, such section 8 shall be applied as if the term "include" in subsection (a) of such section were replaced with the term "mean".
1See Change of Name note below.
42 U.S.C. § 300aa-11
EDITORIAL NOTES
CODIFICATIONIn subsecs. (a)(2)(A), (3), (4), (5)(A), (8), and (b)(1)(B), "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 PROVISIONSA prior section 300aa-11, act July 1, 1944, §2112, was successively renumbered by subsequent acts and transferred, see section 238i of this title. A prior section 2111 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238h of this title.
AMENDMENTS2016-Subsec. (b)(2). Pub. L. 114-255, §3093(c)(3), inserted at end "A covered vaccine administered to a pregnant woman shall constitute more than one administration, one to the mother and one to each child (as such term is defined in subsection (f)(2)) who was in utero at the time such woman was administered the vaccine."Subsec. (f). Pub. L. 114-255, §3093(c)(2), added subsec. (f). 2000-Subsec. (c)(1)(D)(iii). Pub. L. 106-310 added cl. (iii).1998-Subsec. (c)(1)(D)(i). Pub. L. 105-277 struck out "and incurred unreimbursable expenses due in whole or in part to such illness, disability, injury, or condition in an amount greater than $1,000" before ",or (ii) died". 1993-Subsec. (a)(10). Pub. L. 103-43 added par. (10).1992-Subsec. (a)(1), (2)(A)(i)(I). Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court" wherever appearing.1991-Subsec. (a)(2)(A)(i), (ii). Pub. L. 102-168 realigned margins of cls. (i) and (ii).1990-Subsec. (a)(2)(A). Pub. L. 101-502, §5(a)(1), substituted "unless a petition has been filed, in accordance with section 300aa-16 of this title, for compensation under the Program for such injury or death and-" and cls. (i) and (ii) for "unless- "(i) a petition has been filed, in accordance with section 300aa-16 of this title, for compensation under the Program for such injury or death, "(ii) the United States Claims Court has issued a judgment under section 300aa-12 of this title on such petition, and "(iii) such person elects under section 300aa-21(a) of this title to file such an action."Subsec. (a)(5)(A). Pub. L. 101-502, §5(a)(2), struck out "without prejudice" after "without prejudice or costs". Subsec. (a)(5)(B). Pub. L. 101-502, §5(a)(3), substituted "plaintiff" for "plaintiff who".Subsec. (d). Pub. L. 101-502, §5(a)(4), struck out "(d) except as provided in paragraph (3)," before "(d) Additional information".Subsec. (e). Pub. L. 101-502, §5(a)(5), substituted "(e) Schedule" for "(e)(e) Schedule". 1989-Subsec. (a)(1). Pub. L. 101-239, §6601(c)(1), substituted "filing of a petition containing the matter prescribed in subsection (c)" for "filing of a petition" and inserted at end "The clerk of the United States Claims Court shall immediately forward the filed petition to the chief special master for assignment to a special master under section 300aa-12(d)(1) of this title."Subsec. (a)(2)(A)(i). Pub. L. 101-239, §6601(c)(2), struck out "under subsection (b) of this section" after "section 300aa-16 of this title,". Subsec. (a)(5)(A). Pub. L. 101-239, §6601(c)(3)(A), substituted "petition to have such action dismissed without prejudice or costs" for "elect to withdraw such action". Subsec. (a)(5)(B). Pub. L. 101-239, §6601(c)(3)(B), substituted "has pending" for "on October 1, 1988, had pending" and struck out "does not withdraw the action under subparagraph (A)" after "vaccine-related injury or death". Subsec. (a)(6). Pub. L. 101-239, §6601(c)(4), substituted "November 15, 1988" for "the effective date of this subpart" in two places.Subsec. (a)(8). Pub. L. 101-239, §6601(c)(5), added par. (8). Former par. (8) redesignated (9).Subsec. (a)(9). Pub. L. 101-239, §6601(c)(5), (7), redesignated par. (8) as (9) and realigned margin.Subsec. (c)(1). Pub. L. 101-239, §6601(c)(6)(A), inserted "except as provided in paragraph (3)," after "(1)" in introductory provisions.Subsec. (c)(2). Pub. L. 101-239, §6601(c)(6)(B), (C), added par. (2) and redesignated former par. (2) as subsec. (d). Pub. L. 101-239, §6601(c)(6)(A), inserted "except as provided in paragraph (3)," after "(2)". Subsec. (c)(3). Pub. L. 101-239, §6601(c)(6)(C), (D), added par. (3). Former par. (3) redesignated subsec. (e).Subsec. (d). Pub. L. 101-239, §6601(c)(6)(B), redesignated former subsec. (c)(2) as subsec. (d), expanded margin to full measure, inserted subsec. designation and heading, substituted "A petition may also include other available" for "all available", struck out "(including autopsy reports, if any)" after "relevant medical records", and substituted "administration of the vaccine." for "administration of the vaccine and an identification of any unavailable records known to the petitioner and the reasons for their unavailability, and".Subsec. (e). Pub. L. 101-239, §6601(c)(6)(D), redesignated former subsec. (c)(3) as subsec. (e), expanded margin to full measure, inserted subsec. designation and heading, and substituted "The petitioner shall submit in accordance with a schedule set by the special master assigned to the petition" for "appropriate". 1987-Subsec. (a)(1). Pub. L. 100-203, §4307(1), which directed that par. (1) be amended by substituting "with the United States Claims Court" for "with the United States district court for the district in which the petitioner resides or the injury or death occurred", was executed making the substitution for "with the United States district court for the district in which the petitioner resides or in which the injury or death occurred", as the probable intent of Congress.Subsec. (a)(2)(A). Pub. L. 100-203, §4306, substituted "vaccine administrator or manufacturer" for "vaccine manufacturer". Pub. L. 100-203, §4302(b)(1), substituted "effective date of this subpart" for "effective date of this part".Subsec. (a)(2)(A)(ii). Pub. L. 100-203, §4307(2), substituted "the United States Claims Court" for "a district court of the United States".Subsec. (a)(3). Pub. L. 100-203, §4306, substituted "vaccine administrator or manufacturer" for "vaccine manufacturer". Pub. L. 100-203, §4302(b)(1), substituted "effective date of this subpart" for "effective date of this part". Subsec. (a)(4). Pub. L. 100-203, §4306, substituted "vaccine administrator or manufacturer" for "vaccine manufacturer". Pub. L. 100-203, §4302(b)(1), substituted "effective date of this subpart" for "effective date of this part".Subsec. (a)(5)(A). Pub. L. 100-203, §4302(b)(2), substituted "after the effective date of this subpart" for "after the effective date of this subchapter". Pub. L. 100-203, §4302(b)(1), substituted "who on the effective date of this subpart" for "who on the effective date of this part". Subsec. (a)(5)(B). Pub. L. 100-203, §4302(b)(1), substituted "effective date of this subpart" for "effective date of this part". Subsec. (a)(6). Pub. L. 100-203, §4302(b)(1), substituted "effective date of this subpart" for "effective date of this part" in two places.Subsec. (a)(7). Pub. L. 100-203, §4306, substituted "vaccine administrator or manufacturer" for "vaccine manufacturer". Subsec. (a)(8). Pub. L. 100-203, §4304(a), added par. (8). Subsec. (b)(1)(A). Pub. L. 100-203, §4304(b)(1), substituted "may, if the person meets the requirements of subsection (c)(1), file" for "may file". Subsec. (b)(1)(B). Pub. L. 100-203, §4302(b)(1), substituted "effective date of this subpart" for "effective date of this part". Subsec. (c)(1)(D). Pub. L. 100-203, §4304(b)(2), substituted "for more than 6 months" for "for more than 1 year", "and incurred" for ",(ii) incurred", and "(ii)" for "(iii)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMEReferences to United States Claims Court deemed to refer to United States Court of Federal Claims, see section 902(b) of Pub. L. 102-572 set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-310, div. A, title XVII, §1701(b), Oct. 17, 2000, 114 Stat. 1151, provided that: "The amendment made by subsection (a) [amending this section] takes effect upon the date of the enactment of this Act [Oct. 17, 2000], including with respect to petitions under section 2111 of the Public Health Service Act [42 U.S.C. 300aa-11] that are pending on such date."
EFFECTIVE DATE OF 1992 AMENDMENT Amendment 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 1991 AMENDMENT Pub. L. 102-168, title II, §201(i), Nov. 26, 1991, 105 Stat. 1104, provided that:"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 300aa-12, 300aa-15, 300aa-16, 300aa-19, and 300aa-21 of this title and provisions set out as a note under section 300aa-1 of this title] shall take effect on the date of the enactment of this Act [Nov. 26, 1991]. "(2) The amendments made by subsections (d) and (f) [amending sections 300aa-12, 300aa-15, 300aa-16, and 300aa-21 of this title] shall take effect as if the amendments had been in effect on and after October 1, 1988."
EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-502, §5(h), Nov. 3, 1990, 104 Stat. 1289, provided that: "The amendments made by subsections (f)(1) and (g) [amending section 300aa-21 of this title and provisions set out as a note under section 300aa-1 of this title and enacting provisions set out as a note under section 300aa-12 of this title] shall take effect as of November 14, 1986, and the amendments made by subsections (a) through (e) and subsection (f)(2) [amending this section and sections 300aa-12, 300aa-13, 300aa-15, 300aa-16, and 300aa-21 of this title] shall take effect as of September 30, 1990."
EFFECTIVE DATE OF 1989 AMENDMENT For 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.
- Administrator
- The term "Administrator" means the Administrator of General Services.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- Service
- The term "Service" means the Public Health Service;