Page:United States Statutes at Large Volume 100 Part 5.djvu/296

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3770

PUBLIC LAW 99-660—NOV. 14, 1986

vaccine, no petition may be filed for compensation under the Program for such injury after the expiration of 36 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of such injury, and "(3) a vaccine set forth in the Vaccine Injury Table which is administered after the effective date of this title, if a death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such death after the expiration of 24 months from the date of the death and no such petition may be filed more than 48 months after the date of the occurrence of the first sjonptom or manifestation of onset or of the significsmt aggravation of the injury from which the death resulted. "0)) EFFECT OF REVISED TABLE.—If at any time the Vaccine Injury Table is revised and the effect of such revision is to permit an individual who was not, biefore such revision, eligible to seek compensation under the Program, such person may file a petition for such compensation not later than 2 years after the effective date of the revision, except that no compensation may be provided under the Program with respect to a vaccine-related injury or death covered under the revision of the table if— "(1) the vaccine-related death occurred more than 8 years ^ before the date of the revision of the table, or "(2) the vaccine-related injury occurred more than 8 years before the date of the revision of the table. "(c) STATE LIMITATIONS OF ACTIONS.—If a petition is filed under section 2111(b) for a vaccine-related injury or death, limitations of actions under State law shall be stayed with respect to a civil action brought for such injury or death for the period beginning on the date the petition is filed and ending on the date a final judgment is entered on the petition. "SUBROGRATION

42 USC

300aa-17.

Courts, U.S. Records. Claims.

....

•,.; -H'

"SEC. 2117. (a) GENERAL RULE.—

"(1) Upon payment of compensation to any petitioner under the Program, the trust fund which has been established to provide such compensation shall be subrograted to all rights of the petitioner with respect to the vaccine-related injury or death for which compensation was paid, except that the trust fund may not recover under such rights an amount greater than the amount of compensation paid to the petitioner. "(2) In any case in which it deems such action appropriate, a district court of the United States may, after entry of a final judgment providing for compensation to be paid under section 2115 for a vaccine-related injury or death, refer the record of such proceeding to the Secretary and the Attorney General with such recommendation as the court deems appropriate with respect to the investigation or commencement of a civil action by the Secretary under paragraph (1). "(b)

DISPOSITION OF AMOUNTS RECOVERED.—Amounts recovered

under subsection (a) shall be collected on behalf of, and deposited in, the trust fund which has been established to provide compensation under the Program.