HR 5330
106th Congress
House
Health
Administrative procedure
Claims
Compensation (Law)
Counseling
Department of Health and Human Services
Evidence (Law)
Families
Family services
Finance and Financial Sector
Government Operations and Politics
Government liability
Law
Legal fees
Limitation of actions
Social Welfare
Trusts and trustees
Vaccines
Valuation
Vaccine Injury Compensation Program Corrective Amendments of 2000
Introduced: September 28, 2000
Introduced by:
Nadler, Jerrold
Democratic
· New York
See on congress.gov
Everywhere this bill has been
3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Oct 20, 2000
Referred to the Subcommittee on Health and Environment.
Sep 28, 2000
Referred to the House Committee on Commerce.
Sep 28, 2000
Introduced in House
Plain-English summary
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.
What's happening now
Referred to the Subcommittee on Health and Environment.
Committees of jurisdiction
2