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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
The National Childhood Vaccine Injury Act of 1986 [42 U.S.C.]
P.L. 99-660 - Office of NIH History
Office of the Law Revision Counsel, U.S. House of Representatives
42 USC Sec. 300aa-11 01/03/05
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
Sec. 300aa-11. Petitions for compensation
(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,
(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withdrawn under such section.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
Sec. 300aa-26. Vaccine information
(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,
(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
(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
(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.
(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.)
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.
1993 - Subsec. (a). Pub. L. 103-183, Sec. 708(c), inserted "or to
any other individual" after "to the legal representatives of any
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
"(3) precautionary measures legal representatives should take to
reduce the risk of any major adverse reactions to the vaccine that
"(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
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
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".