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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5330 Introduced in House (IH)]

                                      

                                    

106th CONGRESS
  2d Session
                                H. R. 5330

    To amend the Vaccine Injury Compensation Program, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2000

  Mr. Nadler introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL

 
    To amend the Vaccine Injury Compensation Program, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vaccine Injury Compensation Program 
Corrective Amendments of 2000''.

SEC. 2. PURPOSE OF PROGRAM.

    Section 2110(a) of the Public Health Service Act (42 U.S.C. 300aa-
10(a)) is amended by adding the following sentence: ``This compensation 
program is a remedial program that is to be liberally construed, both 
as to causation and damages, in a fashion that gives broad effect to 
the remedial purpose of this statute. Concepts of sovereign immunity do 
not apply in this program.''

SEC. 3. THE BURDEN OF PROOF.

    The following changes shall be effective for all pending claims and 
all claims hereinafter filed:
            (1) Section 2113(a)(1)(A) of such Act (42 U.S.C. 300aa-
        13(a)(1)(A)) is amended by striking ``a preponderance of the 
        evidence'', and inserting in its place to following: 
        ``submitting evidence sufficient to justify a belief by a fair 
        and impartial individual that petitioner's claims are well 
        grounded as to''.
            (2) Section 2113(a)(1) of such Act (42 U.S.C. 300aa-
        13(a)(1)) is amended by adding the following new subparagraph: 
        ``(C) When, after consideration of all evidence and material of 
        record in a case, there is an approximate balance of positive 
        and negative evidence, while applying the burdens of proof as 
        amended, regarding the merits of an issue material to the 
        determination of the matter, the benefit of the doubt in 
        resolving each such issue shall be given to petitioner.
            (3) Section 2113(a)(2)(B) of such Act (42 U.S.C. 300aa-
        13(a)(2)(B)) is amended by inserting after ``or other material 
        in the record,''the following word ``only''and by inserting a 
        comma (,) following the term ``metabolic disturbances''.
            (4) Section 2113(a)(2) of such Act (42 U.S.C. 300aa-
        13(a)(2)) is amended by adding the following additional 
        subparagraph:``(C) any defense raised by respondent that the 
        illness, disability, injury, condition, or death described in 
        the petition was in fact due to factors unrelated to the 
        administration of the vaccine must be proved by clear and 
        convincing evidence and may not be made on the basis of a 
        repudiation of the Vaccine Injury Table.''
            (5) Section 2113(b)(1) of such Act (42 U.S.C. 300aa-
        13(b)(1)) is amended by inserting a period ``.'' after ``the 
        special master or court shall consider the entire record''. 
        Immediately after the newly inserted period, the section is 
        further amended by striking the word ``and'' and inserting the 
        language between the newly inserted period and ``the course of 
        the injury'', as follows: ``In the evaluation of damages and 
        future needs, the special master shall consider''.

SEC. 4. COMPENSATION ISSUES.

    (a) Section 2115(a)(1)(A) of such Act (42 U.S.C. 300aa-15(a)(1)(A)) 
is amended by adding the following additional clause: ``(iv) are 
necessary for the establishment and maintenance of a trust to receive 
program funds.''.
    (b) Section 2115(a)(4) of such Act (42 U.S.C. 300aa-15(a)(4)) is 
amended by adding the following additional sentence: ``No reduction to 
net present value shall be applied to this portion of a petitioner's 
award.''.
    (c) Section 2115(a) of such Act (42 U.S.C. 300aa-15(a)) is amended 
by adding the following additional paragraph: ``(5) Actual 
unreimbursable expenses that have been or will be incurred for family 
counseling and/or training determined to be reasonably necessary and 
that result from the vaccine-related injury for which the petitioner 
seeks compensation.''.
    (d) Section 2115(b)(3) of such Act (42 U.S.C. 300aa-15(b)(3)) is 
amended by striking this subsection.
    (e) Section 2115(e) of such Act (42 U.S.C. 300aa-15(e)) is amended 
by adding the following additional paragraph: ``(4) A petitioner, and/
or an attorney representing a petitioner may file applications for 
payment of fees and/or reimbursement of costs associated with the 
representation of a petitioner during the pendency of a pre or post 
October 1, 1988, injury claim. Each such application for payment of 
fees and/or costs may not be made more frequently than once every 90 
days. Payment of fees and costs, whether interim or final, shall be 
made directly to the party claiming the fee and/or cost.''.

SEC. 5. LIMITATIONS OF ACTIONS.

    (a) Section 2116(a)(2) of such Act (42 U.S.C. 300aa-16(a)(2)) is 
amended by striking the number ``36''and inserting in its place the 
number ``72''.
    (b) Section 2116(a)(3) of such Act (42 U.S.C. 300aa-16(a)(3)) is 
amended by striking the number ``24''and inserting in its place the 
number ``36'' and by striking the number ``48'' and inserting in its 
place the number ``72''.
    (c) Section 2116(a) of such Act (42 U.S.C. 300aa-16(a)) is amended 
by adding the following new paragraph: ``(4) Notwithstanding the 
limitations contained in sections 1 through 3 above, the time period 
for filing a petition shall be extended an additional 36 months from 
the date the petitioner/or their legal representative first knew or 
reasonably should have known that petitioner may have been eligible for 
compensation under this program. (This includes knowledge not only that 
the injuries and/or death may have been caused by the vaccine, but also 
that a petition under this program was a potential remedy).
    (d) Section 2116(b) of such Act (42 U.S.C. 300aa-16(b)) is amended 
by striking ``2 years''and inserting in its place the following: ``72 
months''.
    (e) Section 2116 of such Act (42 U.S.C. 300aa-16) is amended by 
adding the following new subsection: ``(d) The statute of limitations 
for filing a petition in this program shall be tolled until petitioner 
reaches the age of 18, and, if a petitioner is incompetent, until 24 
months after a guardian is appointed or otherwise qualified by a court 
of competent jurisdiction.''.
    (f) Section 2116 of such Act (42 U.S.C. 300aa-16) is amended by 
adding the following new subsection: ``(e) Notwithstanding the 
provisions of Section 2114(c)(4) (42 U.S.C. 300aa-14(c)(4)) or Section 
2111(b)(2) (42 U.S.C. 300aa-11(b)(2)), if a petitioner who previously 
filed a petition under this program was denied compensation because of: 
(1) failure to satisfy the former $1,000 unreimbursed expenses 
requirement of section 300aa-11(c)(1)(D) (I); (2) failure to prove 
causation of an injury which would now fit under the Table of Injuries 
as set forth in Section 300aa-14 (a), as amended; (3) failure to 
satisfy the filing deadlines set forth in Section 300aa-14, if the 
petitioner would have satisfied the limitations of actions provisions 
as herein amended; or (4) failure to comply with any other requirement 
of the program, if the petitioner would have received compensation if 
the statute, as now amended, had been in effect, the petitioner shall 
have the right to refile his/her claim within 72 months after reaching 
the age of majority or within 72 months after the effective date of 
these amendments, which ever is greater.
    (g) Section 2115(e) of such Act (42 U.S.C. 300aa-15(e)) is amended 
by adding the following additional paragraph: ``(4) A petitioner, and/
or an attorney representing a petitioner may file applications for 
payment of fees and/or reimbursement of costs associated with the 
representation of a petitioner during the pendency of a pre or post 
October 1, 1988, injury claim. Each such application for payment of 
fees and/or costs may not be made more frequently than once every 90 
days. Payment of fees and costs, whether interim or final, shall be 
made directly to the party claiming the fee and/or cost.''
                                 <all>
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