Vaccine Injury Compensation Program Corrective Amendments of 2000

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.

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Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 28 September 2000

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• Introduced in House (PDF)

  Introduced in House · EN · 28 September 2000

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• Introduced in House

  summary · EN · 28 September 2000

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