Sec. 2123. TRIAL

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## Sec. 2123 TRIAL **[**300aa–23**]** ###

(a)General Rule A civil action against a vaccine manufacturer for damages for a vaccine-related injury or death associated with the administration of a vaccine after the effective date of this part24 which is not barred by section 2111(a)(2) shall be tried in three stages. ###

(b)Liability The first stage of such a civil action shall be held to determine if a vaccine manufacturer is liable under section 2122. ###

(c)General Damages The second stage of such a civil action shall be held to determine the amount of damages (other than punitive damages) a vaccine manufacturer found to be liable under section 2122 shall be required to pay. ###

(d)Punitive Damages ####

(1)If sought by the plaintiff, the third stage of such an action shall be held to determine the amount of punitive damages a vaccine manufacturer found to be liable under section 2122 shall be required to pay. ####

(2)If in such an action the manufacturer shows that it complied, in all material respects, with all requirements under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act applicable to the vaccine and related to the vaccine injury or death with respect to which the action was brought, the manufacturer shall not be held liable for punitive damages unless the manufacturer engaged in— #####

(A)fraud or intentional and wrongful withholding of information from the Secretary during any phase of a proceeding for approval of the vaccine under section 351, #####

(B)intentional and wrongful withholding of information relating to the safety or efficacy of the vaccine after its approval, or #####

(C)other criminal or illegal activity relating to the safety and effectiveness of vaccines, which activity related to the vaccine-related injury or death for which the civil action was brought. ###

(e)Evidence In any stage of a civil action, the Vaccine Injury Table, any finding of fact or conclusion of law of the United States Claims Court or a special master in a proceeding on a petition filed under section 2111 and the final judgment of the United States Claims Court and subsequent appellate review on such a petition shall not be admissible. ### Part C Assuring a Safer Childhood Vaccination Program in the United States