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Can you sue your doctor following a vaccine injury?
Can you sue your doctor following a vaccine injury?Yes you can but you must either sue for $1000 or less, or file first with the National Vaccine Injury Compensation Program (NVICP also called VICP). Title 42 SubChapter XIX - Vaccines - proceeding for compensation... Sec. 300aa-26. Vaccine information Requirements of Vaccine Information Sheets (VIS) Requirements of Vaccination provider to give VIS Other Sites: The National Childhood Vaccine Injury Act of 1986 [42 U.S.C.] NVIC.org P.L. 99-660 - Office of NIH History https://history.nih.gov/research/downloads/PL99-660.pdf Office of the Law Revision Counsel, U.S. House of Representatives -CITE- 42 USC Sec. 300aa-11 01/03/05 -EXPCITE- 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 -HEAD- Sec. 300aa-11. Petitions for compensation -STATUTE- (a) General rule (1) A proceeding for compensation under the Program for a vaccine- related injury or death shall be initiated by service upon the Secretary and the filing of a petition containing the matter prescribed by subsection (c) of this section with the United States Court of Federal Claims. The clerk of the United States Court of Federal Claims shall immediately forward the filed petition to the chief special master for assignment to a special master under section 300aa-12(d)(1) of this title. (2)(A) No person may bring a civil action for damages in an amount greater than $1,000 or in an unspecified amount against a vaccine administrator or manufacturer in a State or Federal court for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, and no such court may award damages in an amount greater than $1,000 in a civil action for damages for such a vaccine-related injury or death, unless a petition has been filed, in accordance with section 300aa-16 of this title, for compensation under the Program for such injury or death and - (i)(I) the United States Court of Federal Claims has issued a judgment under section 300aa-12 of this title on such petition, and (II) such person elects under section 300aa-21(a) of this title to file such an action, or (ii) such person elects to withdraw such petition under section 300aa-21(b) of this title or such petition is considered withdrawn under such section. (B) If a civil action which is barred under subparagraph (A) is filed in a State or Federal court, the court shall dismiss the action. If a petition is filed under this section with respect to the injury or death for which such civil action was brought, the date such dismissed action was filed shall, for purposes of the limitations of actions prescribed by section 300aa-16 of this title, be considered the date the petition was filed if the petition was filed within one year of the date of the dismissal of the civil action. (3) No vaccine administrator or manufacturer may be made a party to a civil action (other than a civil action which may be brought under paragraph (2)) for damages for a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988. [section continues...] -HEAD- Sec. 300aa-26. Vaccine information -STATUTE- (a) General rule Not later than 1 year after December 22, 1987, the Secretary shall develop and disseminate vaccine information materials for distribution by health care providers to the legal representatives of any child or to any other individual receiving a vaccine set forth in the Vaccine Injury Table. Such materials shall be published in the Federal Register and may be revised. (b) Development and revision of materials Such materials shall be developed or revised - (1) after notice to the public and 60 days of comment thereon, and (2) in consultation with the Advisory Commission on Childhood Vaccines, appropriate health care providers and parent organizations, the Centers for Disease Control and Prevention, and the Food and Drug Administration. (c) Information requirements The information in such materials shall be based on available data and information, shall be presented in understandable terms and shall include - (1) a concise description of the benefits of the vaccine, (2) a concise description of the risks associated with the vaccine, (3) a statement of the availability of the National Vaccine Injury Compensation Program, and (4) such other relevant information as may be determined by the Secretary. (d) Health care provider duties On and after a date determined by the Secretary which is - (1) after the Secretary develops the information materials required by subsection (a) of this section, and (2) not later than 6 months after the date such materials are published in the Federal Register, each health care provider who administers a vaccine set forth in the Vaccine Injury Table shall provide to the legal representatives of any child or to any other individual to whom such provider intends to administer such vaccine a copy of the information materials developed pursuant to subsection (a) of this section, supplemented with visual presentations or oral explanations, in appropriate cases. Such materials shall be provided prior to the administration of such vaccine. -SOURCE- (July 1, 1944, ch. 373, title XXI, Sec. 2126, as added Pub. L. 99- 660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3775; amended Pub. L. 100-203, title IV, Sec. 4302(b)(1), Dec. 22, 1987, 101 Stat. 1330-221; Pub. L. 101-239, title VI, Sec. 6601(p), Dec. 19, 1989, 103 Stat. 2292; Pub. L. 102-531, title III, Sec. 312(d)(15), Oct. 27, 1992, 106 Stat. 3505; Pub. L. 103-183, title VII, Sec. 708, Dec. 14, 1993, 107 Stat. 2242.) -COD- CODIFICATION In subsec. (a), "December 22, 1987" 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. -MISC1- AMENDMENTS 1993 - Subsec. (a). Pub. L. 103-183, Sec. 708(c), inserted "or to any other individual" after "to the legal representatives of any child". Subsec. (b). Pub. L. 103-183, Sec. 708(a), struck out "by rule" after "revised" in introductory provisions and substituted "and 60" for ", opportunity for a public hearing, and 90" in par. (1). Subsec. (c). Pub. L. 103-183, Sec. 708(b), inserted in introductory provisions "shall be based on available data and information," after "such materials", added pars. (1) to (4), and struck out former pars. (1) to (10) which read as follows: "(1) the frequency, severity, and potential long-term effects of the disease to be prevented by the vaccine, "(2) the symptoms or reactions to the vaccine which, if they occur, should be brought to the immediate attention of the health care provider, "(3) precautionary measures legal representatives should take to reduce the risk of any major adverse reactions to the vaccine that may occur, "(4) early warning signs or symptoms to which legal representatives should be alert as possible precursors to such major adverse reactions, "(5) a description of the manner in which legal representatives should monitor such major adverse reactions, including a form on which reactions can be recorded to assist legal representatives in reporting information to appropriate authorities, "(6) a specification of when, how, and to whom legal representatives should report any major adverse reaction, "(7) the contraindications to (and bases for delay of) the administration of the vaccine, "(8) an identification of the groups, categories, or characteristics of potential recipients of the vaccine who may be at significantly higher risk of major adverse reaction to the vaccine than the general population, "(9) a summary of - "(A) relevant Federal recommendations concerning a complete schedule of childhood immunizations, and "(B) the availability of the Program, and "(10) such other relevant information as may be determined by the Secretary." Subsec. (d). Pub. L. 103-183, Sec. 708(c), (d), in concluding provisions, inserted "or to any other individual" after "to the legal representatives of any child", substituted "supplemented with visual presentations or oral explanations, in appropriate cases" for "or other written information which meets the requirements of this section", and struck out "or other information" after "Such materials". 1992 - Subsec. (b)(2). Pub. L. 102-531 substituted "Centers for Disease Control and Prevention" for "Centers for Disease Control". 1989 - Subsec. (c)(9). Pub. L. 101-239 amended par. (9) generally. Prior to amendment, par. (9) read as follows: "a summary of relevant State and Federal laws concerning the vaccine, including information on - "(A) the number of vaccinations required for school attendance and the schedule recommended for such vaccinations, and "(B) the availability of the Program, and". 1987 - Subsec. (a). Pub. L. 100-203 substituted "effective date of this subpart" for "effective date of this part". |