
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-16]

 
                 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-16. Limitations of actions


(a) General rule

    In the case of--
        (1) a vaccine set forth in the Vaccine Injury Table which is 
    administered before October 1, 1988, if a vaccine-related injury or 
    death occurred as a result of the administration of such vaccine, no 
    petition may be filed for compensation under the Program for such 
    injury or death after the expiration of 28 months after October 1, 
    1988, 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,
        (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.

(July 1, 1944, ch. 373, title XXI, Sec. 2116, as added Pub. L. 99-660, 
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3769; amended Pub. L. 
100-203, title IV, Sec. 4302(b)(2), Dec. 22, 1987, 101 Stat. 1330-221; 
Pub. L. 101-239, title VI, Sec. 6601(m)(1), Dec. 19, 1989, 103 Stat. 
2291; Pub. L. 101-502, Sec. 5(e), Nov. 3, 1990, 104 Stat. 1287; Pub. L. 
102-168, title II, Sec. 201(d)(2), Nov. 26, 1991, 105 Stat. 1103; Pub. 
L. 103-66, title XIII, Sec. 13632(a)(1), Aug. 10, 1993, 107 Stat. 645.)

                          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, Sec. 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, Sec. 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).


                    Effective Date of 1991 Amendment

    Amendment 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 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

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 300aa-11, 300aa-15, 300aa-21 
of this title.
