
From the U.S. Code Online via GPO Access
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[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-21]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                        SUBCHAPTER XIX--VACCINES
 
          Part 2--National Vaccine Injury Compensation Program
 
                     subpart b--additional remedies
 
Sec. 300aa-21. Authority to bring actions


(a) Election

    After judgment has been entered by the United States Court of 
Federal Claims or, if an appeal is taken under section 300aa-12(f) of 
this title, after the appellate court's mandate is issued, the 
petitioner who filed the petition under section 300aa-11 of this title 
shall file with the clerk of the United States Court of Federal Claims--
        (1) if the judgment awarded compensation, an election in writing 
    to receive the compensation or to file a civil action for damages 
    for such injury or death, or
        (2) if the judgment did not award compensation, an election in 
    writing to accept the judgment or to file a civil action for damages 
    for such injury or death.

An election shall be filed under this subsection not later than 90 days 
after the date of the court's final judgment with respect to which the 
election is to be made. If a person required to file an election with 
the court under this subsection does not file the election within the 
time prescribed for filing the election, such person shall be deemed to 
have filed an election to accept the judgment of the court. If a person 
elects to receive compensation under a judgment of the court in an 
action for a vaccine-related injury or death associated with the 
administration of a vaccine before October 1, 1988, or is deemed to have 
accepted the judgment of the court in such an action, such person may 
not bring or maintain a civil action for damages against a vaccine 
administrator or manufacturer for the vaccine-related injury or death 
for which the judgment was entered. For limitations on the bringing of 
civil actions for vaccine-related injuries or deaths associated with the 
administration of a vaccine after October 1, 1988, see section 300aa-
11(a)(2) of this title.

(b) Continuance or withdrawal of petition

    A petitioner under a petition filed under section 300aa-11 of this 
title may submit to the United States Court of Federal Claims a notice 
in writing choosing to continue or to withdraw the petition if--
        (1) a special master fails to make a decision on such petition 
    within the 240 days prescribed by section 300aa-12(d)(3)(A)(ii) of 
    this title (excluding (i) any period of suspension under section 
    300aa-12(d)(3)(C) or 300aa-12(d)(3)(D) of this title, and (ii) any 
    days the petition is before a special master as a result of a remand 
    under section 300aa-12(e)(2)(C) of this title), or
        (2) the court fails to enter a judgment under section 300aa-12 
    of this title on the petition within 420 days (excluding (i) any 
    period of suspension under section 300aa-12(d)(3)(C) or 300aa-
    12(d)(3)(D) of this title, and (ii) any days the petition is before 
    a special master as a result of a remand under section 300aa-
    12(e)(2)(C) of this title) after the date on which the petition was 
    filed.

Such a notice shall be filed within 30 days of the provision of the 
notice required by section 300aa-12(g) of this title.

(c) Limitations of actions

    A civil action for damages arising from a vaccine-related injury or 
death for which a petition was filed under section 300aa-11 of this 
title shall, except as provided in section 300aa-16(c) of this title, be 
brought within the period prescribed by limitations of actions under 
State law applicable to such civil action.

(July 1, 1944, ch. 373, title XXI, Sec. 2121, as added Pub. L. 99-660, 
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3772; amended Pub. L. 
100-203, title IV, Secs. 4304(c), 4307(8), 4308(c), Dec. 22, 1987, 101 
Stat. 1330-224, 1330-225; Pub. L. 100-360, title IV, Sec. 411(o)(3)(A), 
July 1, 1988, 102 Stat. 808; Pub. L. 101-239, title VI, Sec. 6601(n), 
Dec. 19, 1989, 103 Stat. 2291; Pub. L. 101-502, Sec. 5(f), Nov. 3, 1990, 
104 Stat. 1287; Pub. L. 102-168, title II, Sec. 201(d)(3), Nov. 26, 
1991, 105 Stat. 1103; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 
29, 1992, 106 Stat. 4516.)

                          Codification

    In subsec. (a), ``October 1, 1988,'' and ``October 1, 1988'' 
substituted for ``the effective date of this part''.


                               Amendments

    1992--Subsecs. (a), (b). Pub. L. 102-572 substituted ``United States 
Court of Federal Claims'' for ``United States Claims Court'' wherever 
appearing.
    1991--Subsec. (b). Pub. L. 102-168 substituted ``Continuance or 
withdrawal of petition'' for ``Withdrawal of petition'' in heading, 
redesignated introductory provisions of par. (1) as introductory 
provisions of subsec. (b) and substituted ``a notice in writing choosing 
to continue or to withdraw the petition'' for ``a notice in writing 
withdrawing the petition'', redesignated subpars. (A) and (B) of former 
par. (1) as pars. (1) and (2), respectively, and realigned margins, 
struck out at end of former par. (1) ``If such a notice is not filed 
before the expiration of such 30 days, the petition with respect to 
which the notice was to be filed shall be considered withdrawn under 
this paragraph.'', and struck out par. (2) which read as follows: ``If a 
special master or the court does not enter a decision or make a judgment 
on a petition filed under section 300aa-11 of this title within 30 days 
of the provision of the notice in accordance with section 300aa-12(g) of 
this title, the special master or court shall no longer have 
jurisdiction over such petition and such petition shall be considered as 
withdrawn under paragraph (1).''
    1990--Subsec. (a). Pub. L. 101-502, Sec. 5(f)(1), in closing 
provisions, inserted after second sentence ``If a person elects to 
receive compensation under a judgment of the court in an action for a 
vaccine-related injury or death associated with the administration of a 
vaccine before October 1, 1988, or is deemed to have accepted the 
judgment of the court in such an action, such person may not bring or 
maintain a civil action for damages against a vaccine administrator or 
manufacturer for the vaccine-related injury or death for which the 
judgment was entered.'' and inserted ``for vaccine-related injuries or 
deaths associated with the administration of a vaccine after October 1, 
1988'' after ``actions'' in last sentence.
    Subsec. (b). Pub. L. 101-502, Sec. 5(f)(2), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``If the 
United States Claims Court fails to enter a judgment under section 
300aa-12 of this title on a petition filed under section 300aa-11 of 
this title within 420 days (excluding any period of suspension under 
section 300aa-12(d) of this title and excluding any days the petition is 
before a special master as a result of a remand under section 300aa-
12(e)(2)(C) of this title) after the date on which the petition was 
filed, the petitioner may submit to the court a notice in writing 
withdrawing the petition. An election shall be filed under this 
subsection not later than 90 days after the date of the entry of the 
Claims Court's judgment or the appellate court's mandate with respect to 
which the election is to be made. A person who has submitted a notice 
under this subsection may, notwithstanding section 300aa-11(a)(2) of 
this title, thereafter maintain a civil action for damages in a State or 
Federal court without regard to this subpart and consistent with 
otherwise applicable law.''
    1989--Subsec. (a). Pub. L. 101-239, Sec. 6601(n)(1)(A), amended 
introductory provisions generally. Prior to amendment, introductory 
provisions read as follows: ``After the judgment of the United States 
Claims Court under section 300aa-11 of this title on a petition filed 
for compensation under the Program for a vaccine-related injury or death 
has become final, the person who filed the petition shall file with the 
court--''.
    Pub. L. 101-239, Sec. 6601(n)(1)(B), amended last sentence 
generally. Prior to amendment, last sentence read as follows: ``If a 
person elects to receive compensation under a judgment of the court or 
is deemed to have accepted the judgment of the court, such person may 
not bring or maintain a civil action for damages against a vaccine 
manufacturer for the vaccine-related injury or death for which the 
judgment was entered.''
    Subsec. (b). Pub. L. 101-239, Sec. 6601(n)(2), substituted ``within 
420 days (excluding any period of suspension under section 300aa-12(d) 
of this title and excluding any days the petition is before a special 
master as a result of a remand under section 300aa-12(e)(2)(C) of this 
title)'' for ``within 365 days'' in first sentence and amended second 
sentence generally. Prior to amendment, second sentence read as follows: 
``Such a notice shall be filed not later than 90 days after the 
expiration of such 365-day period.''
    1988--Subsec. (a). Pub. L. 100-360 added Pub. L. 100-203, 
Sec. 4308(c), see 1987 Amendment note below.
    1987--Subsec. (a). Pub. L. 100-203, Sec. 4308(c), as added by Pub. 
L. 100-360, substituted ``the court's final judgment'' for ``the entry 
of the court's judgment'' in concluding provisions.
    Pub. L. 100-203, Sec. 4307(8), substituted ``the United States 
Claims Court'' for ``a district court of the United States'' and ``the 
court'' for ``a court'' in three places.
    Subsecs. (b), (c). Pub. L. 100-203, Sec. 4304(c), added subsec. (b) 
and redesignated former subsec. (b) as (c).


                    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 Pub. L. 102-168 effective as 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 section 5(f)(1) of Pub. L. 101-502 effective Nov. 14, 
1986, and amendment by section 5(f)(2) of 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, except that such suspension 
be excluded in determining the 420-day period prescribed in subsec. (b) 
of this section, see section 6601(s)(1) 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.


                             Effective Date

    Subpart effective Oct. 1, 1988, see section 323 of Pub. L. 99-660, 
set out as a note under section 300aa-1 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 300aa-11, 300aa-12, 300aa-
15, 300aa-16, 300aa-34 of this title.
