I 

111TH CONGRESS 

1ST SESSION H. R. 4096 

To amend the Public Health Service Act to extend the deadlines applicable 

to filing petitions for compensation under the National Vaccine Injury 

Compensation Program. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2009 

Mr. PERRIELLO introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to extend the deadlines applicable to filing petitions for compensation under 

the National Vaccine Injury Compensation Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Vaccine In5 jury Compensation Program Modernization Act of 2009’’. 

6 SEC. 2. EXTENSION OF FILING DEADLINE. 

7 (a) GENERAL RULE.—Section 2116(a) of the Public 

8 Health Service Act (42 U.S.C. 300aa–16(a)) is amend9 ed— 


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1 (1) in paragraph (2), by striking ‘‘36 months’’ 

2 and inserting ‘‘6 years (excluding any period during 

3 which the person who suffered the injury has not yet 

4 attained 18 years of age)’’; and 

5 (2) in paragraph (3)— 

6 (A) by striking ‘‘24 months’’ and inserting 

7 ‘‘6 years’’; and 

8 (B) by striking ‘‘48 months’’ and inserting 

9 ‘‘6 years’’; and 

10 (3) in paragraphs (2) and (3), by striking ‘‘the 

11 first symptom or manifestation of onset or of the 

12 significant aggravation’’ each place it appears and 

13 inserting ‘‘the first symptom, manifestation, or diag14 nosis, whichever is later, of onset or of the signifi15 cant aggravation’’. 

16 (b) ADDITIONAL PROVISIONS.—Section 2116(a) of 

17 the Public Health Service Act (42 U.S.C. 300aa–16(a)) 

18 is amended by adding at the end the following: 

19 ‘‘(d) ADDITIONAL EXTENSION.— 

20 ‘‘(1) MINIMUM PERIOD.—If an injury or death 

21 occurs as a result of a vaccine set forth in the Vac22 cine Injury Table which is administered after Sep23 tember 30, 1988, and before the date of the enact24 ment of this subsection, the end of the limitation pe25 riod applicable under paragraph (2) or (3) of subVerDate Nov 24 2008 00:21 Nov 18, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4096.IH H4096

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1 section (a) for filing a petition for compensation 

2 under the Program for such injury or death, not3 withstanding the provisions of such paragraphs, 

4 shall be not earlier than 2 years after the date of the 

5 enactment of this subsection. 

6 ‘‘(2) EFFECT OF PREVIOUS DISMISSAL.—Not7 withstanding section 2111(b)(2), if a petition is filed 

8 within the limitation period applicable under para9 graph (1), the petition may not be dismissed on the 

10 basis of a previous dismissal for untimely filing. 

11 ‘‘(e) DISCOVERY RULE.—The limitation period appli12 cable under paragraph (2) or (3) of subsection (a) shall 

13 not begin to run until the person who suffered a vaccine14 related injury or death (or the legal representative thereof) 

15 first knew or should have reasonably known that the per16 son may have experienced a vaccine-related injury or 

17 death.’’. 

Æ 


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