Vaccine Injury Compensation Modernization Act of 2021

To amend the Public Health Service Act to make updates to the Vaccine Injury Compensation Program, and for other purposes. 1. Short title This Act may be cited as the Vaccine Injury Compensation Modernization Act of 2021 2. Changes to Vaccine Injury Compensation Program (a) Special masters (1) Establish minimum number of special masters Section 2112(c)(1) of the Public Health Service Act ( 42 U.S.C. 300aa–12(c)(1) not more than 8 not less than 10 (2) Additional reporting requirements Section 2112(c)(6)(E) of the Public Health Service Act ( 42 U.S.C. 300aa–12(c)(6)(E) (A) by inserting after disposition of petitions, the number of petitions filed that are pending disposition, the number of hearings scheduled with respect to a pending disposition, (B) by inserting , including recommendations on whether additional special masters are needed to ensure an expeditious and fair resolution of petitions or otherwise improve the Program in the Program (b) Recommendations from CDC Section 2114(e)(2) of the Public Health Service Act ( 42 U.S.C. 300aa–14(e)(2) (1) by striking within 2 years of within 6 months of (2) in subparagraph (A), by inserting adults, or pregnant women to children, (c) Increase in compensation (1) Compensation for death Section 2115(a)(2) of the Public Health Service Act ( 42 U.S.C. 300aa–15(a)(2) (2) In the event of a vaccine-related death, an award of— (A) if judgment on an award of compensation is entered in calendar year 2021, $600,000; or (B) if judgment on an award of compensation is entered in a subsequent calendar year, the amount equal to the dollar amount applicable under this paragraph for the preceding calendar year, adjusted by the total percentage change that occurred during such preceding calendar year in the Consumer Price Index for all urban consumers (all items; U.S. city average). . (2) Compensation for pain and suffering Section 2115(a)(4) of the Public Health Service Act ( 42 U.S.C. 300aa–15(a)(4) (4) For actual and projected pain and suffering and emotional distress from the vaccine-related injury, an award not to exceed— (A) if judgment on an award of compensation is entered in calendar year 2021, $600,000; or (B) if judgment on an award of compensation is entered in a subsequent calendar year, the amount equal to the dollar amount applicable under this paragraph for the preceding calendar year, adjusted by the total percentage change that occurred during such preceding calendar year in the Consumer Price Index for all urban consumers (all items; U.S. city average). . (d) Increase statute of limitations Section 2116(a)(2) of the Public Health Service Act ( 42 U.S.C. 300aa–16(a)(2) 36 months 5 years

Summary: Vaccine Injury Compensation Modernization Act of 2021 This bill increases the compensation available under the Vaccine Injury Compensation Program for vaccine-related deaths and injuries and otherwise modifies the program. This program provides compensation through a no-fault alternative to litigation for injuries and deaths caused by certain vaccines. Specifically, the bill increases the compensation for a vaccine-related death and the maximum compensation for pain, suffering, and emotional distress from a vaccine-related injury from $250,000 to $600,000. It annually adjusts these amounts based on a consumer price index. In addition, the bill extends from 36 months to five years the period of time after the onset of symptoms of a vaccine injury during which an individual may file a claim for compensation. Furthermore, the Centers for Disease Control and Prevention (CDC) must update the Vaccine Injury Table, which lists and explains injuries and conditions that are presumed to be caused by vaccines, within six months of recommending a vaccine for routine administration to children, adults, or pregnant women. Current law requires the CDC to update the table within two years of recommending a vaccine for routine administration to children.