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H.R. 5330

Vaccine Injury Compensation Program Corrective Amendments of 2000

Vaccine Injury Compensation Program Corrective Amendments of 2000 - Amends the Public Health Service Act relating to the National Vaccine Injury Compensation Program to: (1) designate the Program as a remedial program under which sovereign immunity does not apply; (2) change the burden of proof requirement for the award of compensation from a preponderance of the evidence to evidence sufficient to justify a belief that the petitioner's claims are well grounded (while giving the benefit of doubt to the petitioner); (3) require any defense raised that an illness, injury, or death was due to unrelated factors to be proved by clear and convincing evidence; (4) authorize as Program compensation expenses necessary for the establishment of a trust to receive Program funds, as well as expenses incurred for family counseling or training necessitated by the vaccine-related injury; (5) allow the petitioner to file applications for the award of petitioner's attorneys' fees; (6) increase to up to 72 months the statute of limitations under the Program; (7) allow such period to be extended for an additional 36 months after a petitioner first knew or should have known about his or her eligibility for compensation; (8) toll the statute of limitations until a petitioner reaches age 18 and, if a petitioner is incompetent, until 24 months after a guardian is appointed; and (9) authorize the refiling of a previously failed petition if the petitioner would have met the extended statute of limitations provided under this Act.

Referred to the Subcommittee on Health and Environment.

Rep. Nadler, Jerrold [D-NY-8](D-NY)Sponsor
1 cosponsor1 D
1cosponsors1committees4actions
  1. CommitteeH11000

    Referred to the Subcommittee on Health and Environment.

    Health and Environment Subcommittee
  2. IntroReferralH11100

    Referred to the House Committee on Commerce.

    Energy and Commerce Committee
  3. IntroReferralIntro-H

    Introduced in House

  4. IntroReferral1000

    Introduced in House

Vaccine Injury Compensation Program Corrective Amendments of 2000 — Informed