
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2458a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 26--NATIONAL SPACE PROGRAM
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 2458a. Malpractice and negligence suits against United 
        States
        

(a) Exclusive remedy

    The remedy against the United States provided by sections 1346(b) 
and 2672 of title 28, for damages for personal injury, including death, 
caused by the negligent or wrongful act or omission of any physician, 
dentist, nurse, pharmacist, or paramedical or other supporting personnel 
(including medical and dental technicians, nursing assistants, and 
therapists) of the Administration in the performance of medical, dental, 
or related health care functions (including clinical studies and 
investigations) while acting within the scope of his duties or 
employment therein or therefor shall hereafter be exclusive of any other 
civil action or proceeding by reason of the same subject matter against 
such physician, dentist, nurse, pharmacist, or paramedical or other 
supporting personnel (or the estate of such person) whose act or 
omission gave rise to such action or proceeding.

(b) Attorney General to defend any civil action or proceeding for 
        malpractice or negligence; service of process

    The Attorney General shall defend any civil action or proceeding 
brought in any court against any person referred to in subsection (a) of 
this section (or the estate of such person) for any such injury. Any 
such person against whom such civil action or proceeding is brought 
shall deliver within such time after date of service or knowledge of 
service as determined by the Attorney General, all process served upon 
such person or an attested true copy thereof to such person's immediate 
superior or to whomever was designated by the Administrator to receive 
such papers and such person shall promptly furnish copies of the 
pleading and process therein to the United States Attorney for the 
district embracing the place wherein the proceeding is brought to the 
Attorney General and to the Administrator.

(c) Removal of actions; certification by Attorney General; remand to 
        State court

    Upon a certification by the Attorney General that any person 
described in subsection (a) of this section was acting in the scope of 
such person's duties or employment at the time of the incident out of 
which the suit arose, any such civil action or proceeding commenced in a 
State court shall be removed without bond at any time before trial by 
the Attorney General to the district court of the United States of the 
district and division embracing the place where- in it is pending and 
the proceeding deemed a tort action brought against the United States 
under the provisions of title 28, and all references thereto. Should a 
United States district court determine on a hearing on a motion to 
remand held before a trial on the merits that the case so removed is one 
in which a remedy by suit within the meaning of subsection (a) of this 
section is not available against the United States, the case shall be 
remanded to the State court.

(d) Compromise or settlement of claims

    The Attorney General may compromise or settle any claim asserted in 
such civil action or proceeding in the manner provided in section 2677 
of title 28, and with the same effect.

(e) Applicability of other provisions of law

    For purposes of this section, the provisions of section 2680(h) of 
title 28, shall not apply to any cause of action arising out of a 
negligent or wrongful act of omission in the performance of medical, 
dental, or related health care functions (including clinical studies and 
investigations).

(f) Liability insurance for persons assigned to foreign countries or 
        non-Federal agencies

    The Administrator or his designee may, to the extent that the 
Administrator or his designee deem appropriate, hold harmless or provide 
liability insurance for any person described in subsection (a) of this 
section for damages for personal injury, including death, caused by such 
person's negligent or wrongful act or omission in the performance of 
medical, dental, or related health care functions (including clinical 
studies and investigations) while acting within the scope of such 
person's duties if such person is assigned to a foreign country or 
detailed for service with other than a Federal department, agency, or 
instrumentality or if the circumstances are such as are likely to 
preclude the remedies of third persons against the United States 
described in section 2679(b) of title 28, for such damage or injury.

(Pub. L. 85-568, title III, Sec. 307, as added Pub. L. 94-464, Sec. 3, 
Oct. 8, 1976, 90 Stat. 1988.)


                            Prior Provisions

    A prior section 307 of Pub. L. 85-568 was renumbered section 309 and 
is classified to section 2459 of this title.


                             Effective Date

    Section effective Oct. 8, 1976, see section 4 of Pub. L. 94-464, set 
out as a note under section 1089 of Title 10, Armed Forces.
