§ 300aa–16. Limitations of actions

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In the case of— 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, 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 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.

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— the vaccine-related death occurred more than 8 years before the date of the revision of the table, or the vaccine-related injury occurred more than 8 years before the date of the revision of the table.

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

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Cited by 28 sections · top 12

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Pub. L. 99-660
100 Stat. 3769
Pub. L. 100-203
101 Stat. 1330
Pub. L. 101-239
103 Stat. 2291
Pub. L. 101-502
104 Stat. 1287
Pub. L. 102-168
105 Stat. 1103
Pub. L. 103-66
107 Stat. 645

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cites case law

§ 300aa–16

Limitations of actions

Fed. Reg.×28

Pub. L.Pub. L. 99-660

Stat.100 Stat. 3769

Pub. L.Pub. L. 100-203

Stat.101 Stat. 1330

Pub. L.Pub. L. 101-239

Cites 12 · showing 5Cited by 28 across 1 source