National Childhood Vaccine Improvement Act of 1986

Summary

National Childhood Vaccine Injury Compensation Act of 1985 - Amends the Public Health Service Act to establish the National Vaccine Injury Compensation Program as an elective alternative remedy to judicial action for specified vaccine-related injuries. Prescribes the contents of any petition for compensation. Grants sole authority to determine eligibility and compensation to the U.S. District Court for the District of Columbia. Sets forth injuries deemed vaccine-related for compensation purposes. Sets compensation limits. Requires the Secretary of Health and Human Services to conduct studies on pertussis and rubella vaccines, and develop related information materials. Establishes an Advisory Commission on Childhood Vaccines to advise the Secretary on the implementation of such program and recommend research priorities and changes in vaccine-related injury standards. Establishes in the Treasury a National Vaccine Injury Compensation Trust Fund. Authorizes FY 1985 funds. Requires the Secretary to establish annual surcharges on vaccine manufacturers to finance the Fund. Authorizes the Secretary to establish an insurance pool to cover injury claims relating to vaccines for which adequate general liability and product liability insurance is unavailable. Provides for Federal reinsurance of insurance companies participating in such a pool. Prescribes a procedure for determining the necessity of and for establishing such a pool. Authorizes the Secretary to establish in the Treasury a National Childhood Vaccine Fund to pay reinsurance claims. Requires health care providers who vaccinate patients and the manufacturers of specified vaccines to keep specified records. Requires the Secretary to: (1) make a pediatric vaccine-risk study; (2) determine the circumstances under which any such vaccine should be delayed or not given; and (3) direct pediatric health care providers to distribute such information to parents and legal guardians. Directs the Secretary to: (1) encourage the development of vaccines that result in fewer major adverse reactions than those currently on the market; and (2) assure improvements in the vaccine industry to reduce the risks of major adverse reactions. Directs the Secretary to provide grants for the education, treatment, and care of multiple handicapped persons, with priority given to the needs of persons with vaccine-related neurological impairments. Authorizes appropriations for FY 1985 through FY 1990. Entitles any person to commence a civil action against the Secretary where the Secretary allegedly has failed to perform a duty under this Act. Provides for judicial review of the Secretary's regulatory actions in the U.S. Court of Appeals for the District of Columbia.

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Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 24 September 1986

  Open at official source

• Introduced in Senate

  summary · EN · 2 April 1985

  Open at official source

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