
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: 42USC300aa-15]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                        SUBCHAPTER XIX--VACCINES
 
          Part 2--National Vaccine Injury Compensation Program
 
                     subpart a--program requirements
 
Sec. 300aa-15. Compensation


(a) General rule

    Compensation awarded under the Program to a petitioner under section 
300aa-11 of this title for a vaccine-related injury or death associated 
with the administration of a vaccine after October 1, 1988, shall 
include the following:
        (1)(A) Actual unreimbursable expenses incurred from the date of 
    the judgment awarding such expenses and reasonable projected 
    unreimbursable expenses which--
            (i) result from the vaccine-related injury for which the 
        petitioner seeks compensation,
            (ii) have been or will be incurred by or on behalf of the 
        person who suffered such injury, and
            (iii)(I) have been or will be for diagnosis and medical or 
        other remedial care determined to be reasonably necessary, or
            (II) have been or will be for rehabilitation, developmental 
        evaluation, special education, vocational training and 
        placement, case management services, counseling, emotional or 
        behavioral therapy, residential and custodial care and service 
        expenses, special equipment, related travel expenses, and 
        facilities determined to be reasonably necessary.

        (B) Subject to section 300aa-16(a)(2) of this title, actual 
    unreimbursable expenses incurred before the date of the judgment 
    awarding such expenses which--
            (i) resulted from the vaccine-related injury for which the 
        petitioner seeks compensation,
            (ii) were incurred by or on behalf of the person who 
        suffered such injury, and
            (iii) were for diagnosis, medical or other remedial care, 
        rehabilitation, developmental evaluation, special education, 
        vocational training and placement, case management services, 
        counseling, emotional or behavioral therapy, residential and 
        custodial care and service expenses, special equipment, related 
        travel expenses, and facilities determined to be reasonably 
        necessary.

        (2) In the event of a vaccine-related death, an award of 
    $250,000 for the estate of the deceased.
        (3)(A) In the case of any person who has sustained a vaccine-
    related injury after attaining the age of 18 and whose earning 
    capacity is or has been impaired by reason of such person's vaccine-
    related injury for which compensation is to be awarded, compensation 
    for actual and anticipated loss of earnings determined in accordance 
    with generally recognized actuarial principles and projections.
        (B) In the case of any person who has sustained a vaccine-
    related injury before attaining the age of 18 and whose earning 
    capacity is or has been impaired by reason of such person's vaccine-
    related injury for which compensation is to be awarded and whose 
    vaccine-related injury is of sufficient severity to permit 
    reasonable anticipation that such person is likely to suffer 
    impaired earning capacity at age 18 and beyond, compensation after 
    attaining the age of 18 for loss of earnings determined on the basis 
    of the average gross weekly earnings of workers in the private, non-
    farm sector, less appropriate taxes and the average cost of a health 
    insurance policy, as determined by the Secretary.
        (4) For actual and projected pain and suffering and emotional 
    distress from the vaccine-related injury, an award not to exceed 
    $250,000.

(b) Vaccines administered before effective date

    Compensation awarded under the Program to a petitioner under section 
300aa-11 of this title for a vaccine-related injury or death associated 
with the administration of a vaccine before October 1, 1988, may include 
the compensation described in paragraphs (1)(A) and (2) of subsection 
(a) of this section and may also include an amount, not to exceed a 
combined total of $30,000, for--
        (1) lost earnings (as provided in paragraph (3) of subsection 
    (a) of this section),
        (2) pain and suffering (as provided in paragraph (4) of 
    subsection (a) of this section), and
        (3) reasonable attorneys' fees and costs (as provided in 
    subsection (e) of this section.\1\
---------------------------------------------------------------------------
    \1\ So in original. Probably should be preceded by a closing 
parenthesis.
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(c) Residential and custodial care and service

    The amount of any compensation for residential and custodial care 
and service expenses under subsection (a)(1) of this section shall be 
sufficient to enable the compensated person to remain living at home.

(d) Types of compensation prohibited

    Compensation awarded under the Program may not include the 
following:
        (1) Punitive or exemplary damages.
        (2) Except with respect to compensation payments under 
    paragraphs (2) and (3) of subsection (a) of this section, 
    compensation for other than the health, education, or welfare of the 
    person who suffered the vaccine-related injury with respect to which 
    the compensation is paid.

(e) Attorneys' fees

    (1) In awarding compensation on a petition filed under section 
300aa-11 of this title the special master or court shall also award as 
part of such compensation an amount to cover--
        (A) reasonable attorneys' fees, and
        (B) other costs,

incurred in any proceeding on such petition. If the judgment of the 
United States Court of Federal Claims on such a petition does not award 
compensation, the special master or court may award an amount of 
compensation to cover petitioner's reasonable attorneys' fees and other 
costs incurred in any proceeding on such petition if the special master 
or court determines that the petition was brought in good faith and 
there was a reasonable basis for the claim for which the petition was 
brought.
    (2) If the petitioner, before October 1, 1988, filed a civil action 
for damages for any vaccine-related injury or death for which 
compensation may be awarded under the Program, and petitioned under 
section 300aa-11(a)(5) of this title to have such action dismissed and 
to file a petition for compensation under the Program, in awarding 
compensation on such petition the special master or court may include an 
amount of compensation limited to the costs and expenses incurred by the 
petitioner and the attorney of the petitioner before October 1, 1988, in 
preparing, filing, and prosecuting such civil action (including the 
reasonable value of the attorney's time if the civil action was filed 
under contingent fee arrangements).
    (3) No attorney may charge any fee for services in connection with a 
petition filed under section 300aa-11 of this title which is in addition 
to any amount awarded as compensation by the special master or court 
under paragraph (1).

(f) Payment of compensation

    (1) Except as provided in paragraph (2), no compensation may be paid 
until an election has been made, or has been deemed to have been made, 
under section 300aa-21(a) of this title to receive compensation.
    (2) Compensation described in subsection (a)(1)(A)(iii) of this 
section shall be paid from the date of the judgment of the United States 
Court of Federal Claims under section 300aa-12 of this title awarding 
the compensation. Such compensation may not be paid after an election 
under section 300aa-21(a) of this title to file a civil action for 
damages for the vaccine-related injury or death for which such 
compensation was awarded.
    (3) Payments of compensation under the Program and the costs of 
carrying out the Program shall be exempt from reduction under any order 
issued under part C of the Balanced Budget and Emergency Deficit Control 
Act of 1985 [2 U.S.C. 900 et seq.].
    (4)(A) Except as provided in subparagraph (B), payment of 
compensation under the Program shall be determined on the basis of the 
net present value of the elements of the compensation and shall be paid 
from the Vaccine Injury Compensation Trust Fund established under 
section 9510 of title 26 in a lump sum of which all or a portion may be 
used as ordered by the special master to purchase an annuity or 
otherwise be used, with the consent of the petitioner, in a manner 
determined by the special master to be in the best interests of the 
petitioner.
    (B) In the case of a payment of compensation under the Program to a 
petitioner for a vaccine-related injury or death associated with the 
administration of a vaccine before October 1, 1988, the compensation 
shall be determined on the basis of the net present value of the 
elements of compensation and shall be paid from appropriations made 
available under subsection (j) of this section in a lump sum of which 
all or a portion may be used as ordered by the special master to 
purchase an annuity or otherwise be used, with the consent of the 
petitioner, in a manner determined by the special master to be in the 
best interests of the petitioner. Any reasonable attorneys' fees and 
costs shall be paid in a lump sum. If the appropriations under 
subsection (j) of this section are insufficient to make a payment of an 
annual installment, the limitation on civil actions prescribed by 
section 300aa-21(a) of this title shall not apply to a civil action for 
damages brought by the petitioner entitled to the payment.
    (C) In purchasing an annuity under subparagraph (A) or (B), the 
Secretary may purchase a guarantee for the annuity, may enter into 
agreements regarding the purchase price for and rate of return of the 
annuity, and may take such other actions as may be necessary to 
safeguard the financial interests of the United States regarding the 
annuity. Any payment received by the Secretary pursuant to the preceding 
sentence shall be paid to the Vaccine Injury Compensation Trust Fund 
established under section 9510 of title 26, or to the appropriations 
account from which the funds were derived to purchase the annuity, 
whichever is appropriate.

(g) Program not primarily liable

    Payment of compensation under the Program shall not be made for any 
item or service to the extent that payment has been made, or can 
reasonably be expected to be made, with respect to such item or service 
(1) under any State compensation program, under an insurance policy, or 
under any Federal or State health benefits program (other than under 
title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]), or (2) 
by an entity which provides health services on a prepaid basis.

(h) Liability of health insurance carriers, prepaid health plans, and 
        benefit providers

    No policy of health insurance may make payment of benefits under the 
policy secondary to the payment of compensation under the Program and--
        (1) no State, and
        (2) no entity which provides health services on a prepaid basis 
    or provides health benefits,

may make the provision of health services or health benefits secondary 
to the payment of compensation under the Program, except that this 
subsection shall not apply to the provision of services or benefits 
under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.].

(i) Source of compensation

    (1) Payment of compensation under the Program to a petitioner for a 
vaccine-related injury or death associated with the administration of a 
vaccine before October 1, 1988, shall be made by the Secretary from 
appropriations under subsection (j) of this section.
    (2) Payment of compensation under the Program to a petitioner for a 
vaccine-related injury or death associated with the administration of a 
vaccine on or after October 1, 1988, shall be made from the Vaccine 
Injury Compensation Trust Fund established under section 9510 of title 
26.

(j) Authorization

    For the payment of compensation under the Program to a petitioner 
for a vaccine-related injury or death associated with the administration 
of a vaccine before October 1, 1988, there are authorized to be 
appropriated to the Department of Health and Human Services $80,000,000 
for fiscal year 1989, $80,000,000 for fiscal year 1990, $80,000,000 for 
fiscal year 1991, $80,000,000 for fiscal year 1992, $110,000,000 for 
fiscal year 1993, and $110,000,000 for each succeeding fiscal year in 
which a payment of compensation is required under subsection (f)(4)(B) 
of this section. Amounts appropriated under this subsection shall remain 
available until expended.

(July 1, 1944, ch. 373, title XXI, Sec. 2115, as added Pub. L. 99-660, 
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3767; amended Pub. L. 
100-203, title IV, Secs. 4302(b), 4303(a)-(d)(1), (e), (g), 4307(5), 
(6), Dec. 22, 1987, 101 Stat. 1330-221 to 1330-223, 1330-225; Pub. L. 
100-360, title IV, Sec. 411(o)(1), July 1, 1988, 102 Stat. 808; Pub. L. 
101-239, title VI, Sec. 6601(c)(8), (l), Dec. 19, 1989, 103 Stat. 2286, 
2290; Pub. L. 101-502, Sec. 5(d), Nov. 3, 1990, 104 Stat. 1287; Pub. L. 
102-168, title II, Sec. 201(e), (f), Nov. 26, 1991, 105 Stat. 1103; Pub. 
L. 102-531, title III, Sec. 314, Oct. 27, 1992, 106 Stat. 3508; Pub. L. 
102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. 
L. 103-66, title XIII, Sec. 13632(b), Aug. 10, 1993, 107 Stat. 646.)

                       References in Text

    The Balanced Budget and Emergency Deficit Control Act of 1985, 
referred to in subsec. (f)(3), is title II of Pub. L. 99-177, Dec. 12, 
1985, 99 Stat. 1038. Part C of the Act is classified generally to 
subchapter I (Sec. 900 et seq.) of chapter 20 of Title 2, The Congress. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 900 of Title 2 and Tables.
    The Social Security Act, referred to in subsecs. (g) and (h), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the 
Social Security Act is classified generally to subchapter XIX (Sec. 1396 
et seq.) of chapter 7 of this title. For complete classification of this 
Act to the Code, see section 1305 of this title and Tables.

                          Codification

    In subsecs. (a), (b), (e)(2), (f)(4)(B), (i), and (j), ``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 300aa-15, act July 1, 1944, Sec. 2116, was 
successively renumbered by subsequent acts and transferred, see section 
238m of this title.
    A prior section 2115 of act July 1, 1944, was successively 
renumbered by subsequent acts and transferred, see section 238l of this 
title.


                               Amendments

    1993--Subsec. (j). Pub. L. 103-66 substituted ``$110,000,000 for 
each succeeding fiscal year'' for ``$80,000,000 for each succeeding 
fiscal year''.
    1992--Subsecs. (e)(1), (f)(2). Pub. L. 102-572 substituted ``United 
States Court of Federal Claims'' for ``United States Claims Court''.
    Subsec. (j). Pub. L. 102-531 increased authorization for fiscal year 
1993 from $80,000,000 to $110,000,000.
    1991--Subsec. (f)(4)(A). Pub. L. 102-168, Sec. 201(e)(1)(A), (2), 
struck out ``of the proceeds'' after ``portion'' and substituted 
``Vaccine Injury Compensation Trust Fund established under section 9510 
of title 26'' for ``trust fund''.
    Subsec. (f)(4)(B). Pub. L. 102-168, Sec. 201(e)(1)(B), which 
directed substitution of ``shall be paid from appropriations made 
available under subsection (j) of this section in a lump sum of which 
all or a portion'' for ``paid in 4 equal installments of which all or 
portion of the proceeds'' was executed by making the substitution for 
``paid in 4 equal annual installments of which all or a portion of the 
proceeds'' to reflect the probable intent of Congress.
    Subsec. (f)(4)(C). Pub. L. 102-168, Sec. 201(f), added subpar. (C).
    1990--Subsec. (e)(2). Pub. L. 101-502, Sec. 5(d)(1), inserted ``of 
compensation'' before ``limited to the costs''.
    Subsec. (f)(2). Pub. L. 101-502, Sec. 5(d)(2)(A), substituted 
``section 300aa-21(a)'' for ``section 300aa-21(b)''.
    Subsec. (f)(4)(B). Pub. L. 101-502, Sec. 5(d)(2)(B), substituted 
``subsection (j)'' for ``subsection (i)'' and ``the limitation on civil 
actions prescribed by section 300aa-21(a) of this title'' for ``section 
300aa-11(a) of this title''.
    Subsec. (j). Pub. L. 101-502, Sec. 5(d)(3), inserted before period 
at end of first sentence ``, and $80,000,000 for each succeeding fiscal 
year in which a payment of compensation is required under subsection 
(f)(4)(B) of this section''.
    1989--Subsec. (b). Pub. L. 101-239, Sec. 6601(l)(1), substituted 
``may include the compensation described in paragraphs (1)(A) and (2) of 
subsection (a) of this section and may also include an amount, not to 
exceed a combined total of $30,000, for--'' and cls. (1) to (3) for 
``may not include the compensation described in paragraph (1)(B) of 
subsection (a) of this section and may include attorneys' fees and other 
costs included in a judgment under subsection (e) of this section, 
except that the total amount that may be paid as compensation under 
paragraphs (3) and (4) of subsection (a) of this section and included as 
attorneys' fees and other costs under subsection (e) of this section may 
not exceed $30,000.''
    Subsec. (e)(1). Pub. L. 101-239, Sec. 6601(l)(2)(A), substituted 
``In awarding compensation on a petition filed under section 300aa-11 of 
this title the special master or court shall also award as part of such 
compensation an amount to cover'' for ``The judgment of the United 
States Claims Court on a petition filed under section 300aa-11 of this 
title awarding compensation shall include an amount to cover''.
    Pub. L. 101-239, Sec. 6601(l)(2)(B), (C), substituted ``the special 
master or court may award an amount of compensation to cover'' for ``the 
court may include in the judgment an amount to cover'' and ``the special 
master or court determines that the petition was brought in good faith 
and there was a reasonable basis for the claim for which the petition'' 
for ``the court determines that the civil action was brought in good 
faith and there was a reasonable basis for the claim for which the civil 
action''.
    Subsec. (e)(2). Pub. L. 101-239, Sec. 6601(l)(2)(D), which directed 
amendment of par. (2) by substituting ``the special master or court may 
also award an amount of compensation'' for ``the judgment of the court 
on such petition may include an amount'', could not be executed because 
of the prior amendment by Pub. L. 101-239, Sec. 6601(c)(8)(B), see 
Amendment note below.
    Pub. L. 101-239, Sec. 6601(c)(8), substituted ``and petitioned under 
section 300aa-11(a)(5) of this title to have such action dismissed'' for 
``and elected under section 300aa-11(a)(4) of this title to withdraw 
such action'' and ``in awarding compensation on such petition the 
special master or court may include'' for ``the judgment of the court on 
such petition may include''.
    Subsec. (e)(3). Pub. L. 101-239, Sec. 6601(l)(2)(E), substituted 
``awarded as compensation by the special master or court under paragraph 
(1)'' for ``included under paragraph (1) in a judgment on such 
petition''.
    Subsec. (f)(3). Pub. L. 101-239, Sec. 6601(l)(3)(A), inserted 
``under the Program and the costs of carrying out the Program'' after 
``Payments of compensation''.
    Subsec. (f)(4)(A). Pub. L. 101-239, Sec. 6601(l)(3)(B), struck out 
``made in a lump sum'' after ``the Program shall be'' and inserted ``and 
shall be paid from the trust fund in a lump sum of which all or a 
portion of the proceeds may be used as ordered by the special master to 
purchase an annuity or otherwise be used, with the consent of the 
petitioner, in a manner determined by the special master to be in the 
best interests of the petitioner'' after ``elements of the 
compensation''.
    Subsec. (f)(4)(B). Pub. L. 101-239, Sec. 6601(l)(3)(C), substituted 
``determined on the basis of the net present value of the elements of 
compensation and paid in 4 equal annual installments of which all or a 
portion of the proceeds may be used as ordered by the special master to 
purchase an annuity or otherwise be used, with the consent of the 
petitioner, in a manner determined by the special master to be in the 
best interests of the petitioner. Any reasonable attorneys' fees and 
costs shall be paid in a lump sum'' for ``paid in 4 equal annual 
installments''.
    Subsec. (g). Pub. L. 101-239, Sec. 6601(l)(4)(A), inserted ``(other 
than under title XIX of the Social Security Act)'' after ``State health 
benefits program''.
    Subsec. (h). Pub. L. 101-239, Sec. 6601(l)(4)(B), inserted before 
period at end ``, except that this subsection shall not apply to the 
provision of services or benefits under title XIX of the Social Security 
Act''.
    Subsec. (i)(1). Pub. L. 101-239, Sec. 6601(l)(5), which directed 
amendment of par. (1) by substituting ``(j)'' for ``(i)'', could not be 
executed because ``(i)'' did not appear.
    Subsec. (j). Pub. L. 101-239, Sec. 6601(l)(6), struck out ``and'' 
after ``fiscal year 1991,'' and inserted ``, $80,000,000 for fiscal year 
1993'' after ``fiscal year 1992''.
    1988--Subsec. (i)(1). Pub. L. 100-360, Sec. 411(o)(1)(A), 
substituted ``by the Secretary from appropriations under subsection 
(j)'' for ``from appropriations under subsection (i)''.
    Subsec. (j). Pub. L. 100-360, Sec. 411(o)(1)(B), inserted ``to the 
Department of Health and Human Services''.
    1987--Subsec. (a). Pub. L. 100-203, Sec. 4302(b)(1), substituted 
``effective date of this subpart'' for ``effective date of this part''.
    Pub. L. 100-203, Sec. 4303(d)(1)(A), struck out last two sentences 
which read as follows: ``Payments for projected expenses shall be paid 
on a periodic basis (but no payment may be made for a period in excess 
of 1 year). Payments for pain and suffering and emotional distress and 
incurred expenses may be paid in a lump sum.''
    Subsec. (a)(1). Pub. L. 100-203, Sec. 4303(c), struck out last 
sentence of subpars. (A) and (B) each of which read as follows: ``The 
amount of unreimbursable expenses which may be recovered under this 
subparagraph shall be limited to the amount in excess of the amount set 
forth in section 300aa-11(c)(1)(D)(ii) of this title.''
    Subsec. (b). Pub. L. 100-203, Sec. 4303(e), substituted ``may not 
include the compensation described in paragraph (1)(B) of subsection (a) 
of this section and may include attorneys' fees and other costs included 
in a judgment under subsection (e) of this section, except that the 
total amount that may be paid as compensation under paragraphs (3) and 
(4) of subsection (a) of this section and included as attorneys' fees 
and other costs under subsection (e) of this section may not exceed 
$30,000'' for ``shall only include the compensation described in 
paragraphs (1)(A) and (2) of subsection (a) of this section''.
    Pub. L. 100-203, Sec. 4302(b)(1), substituted ``effective date of 
this subpart'' for ``effective date of this part''.
    Subsec. (e)(1). Pub. L. 100-203, Sec. 4307(5), substituted ``of the 
United States Claims Court'' for ``of a court'' in two places.
    Subsec. (e)(2). Pub. L. 100-203, Sec. 4302(b), substituted 
``effective date of this subpart, filed a'' for ``effective date of this 
subchapter, filed a'' and ``effective date of this subpart in 
preparing'' for ``effective date of this part in preparing''.
    Subsec. (f). Pub. L. 100-203, Sec. 4303(d)(1)(B), (g), added par. 
(4) and redesignated a second subsec. (f), relating to the Program not 
being primarily liable, as subsec. (g).
    Subsec. (f)(2). Pub. L. 100-203, Sec. 4307(6), substituted ``United 
States Claims Court'' for ``district court of the United States''.
    Subsecs. (g), (h). Pub. L. 100-203, Sec. 4303(g), redesignated a 
second subsec. (f), relating to the Program not being liable, as (g) and 
redesignated former subsec. (g) as (h).
    Subsecs. (i), (j). Pub. L. 100-203, Sec. 4303(a), (b), added 
subsecs. (i) and (j).


                    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

    Amendment by section 201(f) of 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 Amendment

    Amendment 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 Amendment

    Amendment by Pub. L. 101-239 applicable to all pending and 
subsequently filed petitions, see section 6601(s)(2) of Pub. L. 101-239, 
set out as a note under section 300aa-10 of this title.


                    Effective Date of 1988 Amendment

    Except as specifically provided in section 411 of Pub. L. 100-360, 
amendment by Pub. L. 100-360, as it relates to a provision in the 
Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as 
if included in the enactment of that provision in Pub. L. 100-203, see 
section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA; 
Effective Date note under section 106 of Title 1, General Provisions.
