Page:United States Statutes at Large Volume 100 Part 5.djvu/287

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-660—NOV. 14, 1986

100 STAT. 3761

within the time period set forth in the Table but which was caused by a vaccine referred to in subparagraph (A), "(D)(i) suffered the residual effects or complications of such illness, disability, injury, or condition for more than 1 year after the administration of the vaccine, (ii) incurred unreimbursable expenses due in whole or in part to such illness, disability, injury, or condition in an amount greater than $1,000, or (iii) died from the administration of the vaccine, and "(E) has not previously collected an award or settlement of a civil action for damages for such vaccine-related injury or death, "(2) all available relevant medical records (including autopsy reports, if any) relating to the person who suffered such injury or who died from the administration of the vaccine and an identification of any unavailable records known to the petitioner and the reasons for their unavailability, and "(3) appropriate assessments, evaluations, and prognoses and such other records and documents as are reasonably necessary for the determination of the amount of compensation to be paid to, or on behalf of, the person who suffered such injury or who died from the administration of the vaccine. COURT JURISDICTION "SEC. 2112. (a) GENERAL RULE.—The district courts of the United

States shall have jurisdiction (1) over proceedings to determine if a petitioner under section 2111 is entitled to compensation under the Program and the amount of such compensation, and (2) to issue and enforce such orders as the courts deem necessary to assure the prompt payment of any compensation awarded.

42 USC

300aa-12.

"(b) PARTIES.—

"(1) The Secretary shall be named as the respondent in all proceedings brought by the filing of a petition under section 2111(b). Except as provided in paragraph (2), no other person may intervene in any such proceeding. "(2) Within 30 days after the Secretary receives service of any Federal petition filed under section 2111 the Secretary shall publish Register, notice of such petition in the Federal Register. The special publication. master designated with respect to such petition under subsection (c) shall afford all interested persons an opportunity to submit relevant, written information— "(A) relating to the existence of the evidence described in section 2113(a)(1)(B), or "(B) relating to any allegation in a petition with respect to the matters described in section 2111(c)(l)(C)(ii). "(c) SPECIAL MASTERS.—

"(1) Following receipt of a petition under subsection (a), the district court of the United States in which the petition is filed shall designate a special master to carry out the functions authorized by paragraph (2). "(2) A special master shall serve as an adjunct to the court and may— "(A) require such evidence as may be appropriate for the preparation of proposed findings of fact and conclusions of law with respect to whether compensation is to be provided