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The National Vaccine Injury Compensation Program

NVIC's co-founders worked with Congress on the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34). This historic law acknowledged that vaccine injuries and deaths are real and that the vaccine injured and their families should be financially supported and that vaccine safety protections were needed in the mass vaccination system. The law set up a federal vaccine injury compensation program as well as included legal requirements for vaccine providers to: 
  • give parents vaccine benefit and risk information before their children are vaccinated;
  • keep written records of vaccine manufacturer names and lot numbers for each vaccination given;
  • enter serious health problems following vaccination into a child's permanent medical record; and
  • report serious health problems following vaccination to the federal Vaccine Adverse Events Reporting System (VAERS).·          
The law preserved the right for vaccine injured persons to bring a lawsuit in the court system if federal compensation is denied or is not sufficient. By 2010, the U.S. Court of Claims had awarded nearly $2 billion dollars to vaccine victims for their catastrophic vaccine injuries, although two out of three applicants have been denied compensation.  Below are links to the National Vaccine Injury Act of 1986 broken down into specific sections, as listed on the U.S. Government Printing Service (GPO Access) website.  The law may also be viewed in its entirety by clicking here
 
Part 1--National Vaccine Program 
  • Sec. 300aa-1. Establishment PDF TEXT
  • Sec. 300aa-2. Program responsibilities PDF TEXT
  • Sec. 300aa-3. Plan PDF TEXT
  • Sec. 300aa-4. Repealed. Pub. L. 105-362, title VI, Sec. 601(a)(1)(H), Nov. 10, 1998, 112 Stat. 3285 PDF TEXT
  • Sec. 300aa-5. National Vaccine Advisory Committee PDF TEXT
  • Sec. 300aa-6. Authorization of appropriations PDF TEXT
Part 2--National Vaccine Injury Compensation Program
    subpart a--program requirements
  • Sec. 300aa-10. Establishment of program PDF TEXT
  • Sec. 300aa-11. Petitions for compensation PDF TEXT
  • Sec. 300aa-12. Court jurisdiction PDF TEXT
  • Sec. 300aa-13. Determination of eligibility and compensation PDF TEXT
  • Sec. 300aa-14. Vaccine Injury Table PDF TEXT
  • Sec. 300aa-15. Compensation PDF TEXT
  • Sec. 300aa-16. Limitations of actions PDF TEXT
  • Sec. 300aa-17. Subrogation PDF TEXT
  • Sec. 300aa-18. Repealed. Pub. L. 100-203, title IV, Sec. 4303(d)(2)(B), Dec. 22, 1987, 101 Stat. 1330-222 PDF TEXT
  • Sec. 300aa-19. Advisory Commission on Childhood Vaccines PDF TEXT 
    subpart b--additional remedies
  • Sec. 300aa-21. Authority to bring actions PDF TEXT
  • Sec. 300aa-22. Standards of responsibility PDF TEXT
  • Sec. 300aa-23. Trial PDF TEXT 
    subpart c--assuring a safer childhood vaccination program in united states
  • Sec. 300aa-25. Recording and reporting of information PDF TEXT
  • Sec. 300aa-26. Vaccine information PDF TEXT
  • Sec. 300aa-27. Mandate for safer childhood vaccines PDF TEXT
  • Sec. 300aa-28. Manufacturer recordkeeping and reporting PDF TEXT 
    subpart d--general provisions
  • Sec. 300aa-31. Citizen's actions PDF TEXT
  • Sec. 300aa-32. Judicial review PDF TEXT
  • Sec. 300aa-33. Definitions PDF TEXT
  • Sec. 300aa-34. Termination of program PDF TEXT
 



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