
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-17]

 
                 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-17. Subrogation


(a) General rule

    Upon payment of compensation to any petitioner under the Program, 
the trust fund which has been established to provide such compensation 
shall be subrograted \1\ to all rights of the petitioner with respect to 
the vaccine-related injury or death for which compensation was paid, 
except that the trust fund may not recover under such rights an amount 
greater than the amount of compensation paid to the petitioner.
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    \1\ So in original. Probably should be ``subrogated''.
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(b) Disposition of amounts recovered

    Amounts recovered under subsection (a) of this section shall be 
collected on behalf of, and deposited in, the Vaccine Injury 
Compensation Trust Fund established under section 9510 of title 26.

(July 1, 1944, ch. 373, title XXI, Sec. 2117, as added Pub. L. 99-660, 
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3770; amended Pub. L. 
100-203, title IV, Sec. 4307(7), Dec. 22, 1987, 101 Stat. 1330-225; Pub. 
L. 101-239, title VI, Sec. 6601(m)(2), Dec. 19, 1989, 103 Stat. 2291.)


                               Amendments

    1989--Subsec. (b). Pub. L. 101-239 substituted ``the Vaccine Injury 
Compensation Trust Fund established under section 9510 of title 26'' for 
``the trust fund which has been established to provide compensation 
under the Program''.
    1987--Subsec. (a). Pub. L. 100-203 struck out par. (1) designation 
before ``Upon'' and struck out par. (2) which read as follows: ``In any 
case in which it deems such action appropriate, a district court of the 
United States may, after entry of a final judgment providing for 
compensation to be paid under section 300aa-15 of this title for a 
vaccine-related injury or death, refer the record of such proceeding to 
the Secretary and the Attorney General with such recommendation as the 
court deems appropriate with respect to the investigation or 
commencement of a civil action by the Secretary under paragraph (1).''


                    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.
