Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 300aa: Trial

Civil

What this law says, in plain English

This statute establishes the three-stage trial procedure for civil lawsuits against vaccine manufacturers for vaccine-related injuries or deaths, including liability determination, damages calculation, and potential punitive damages.

Read the full statutory text
A civil action against a vaccine manufacturer for damages for a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988 , which is not barred by section 300aa–11(a)(2) of this title shall be tried in three stages. The first stage of such a civil action shall be held to determine if a vaccine manufacturer is liable under section 300aa–22 of this title . The second stage of such a civil action shall be held to determine the amount of damages (other than punitive damages) a vaccine manufacturer found to be liable under section 300aa–22 of this title shall be required to pay. If sought by the plaintiff, the third stage of such an action shall be held to determine the amount of punitive damages a vaccine manufacturer found to be liable under section 300aa–22 of this title shall be required to pay. fraud or intentional and wrongful withholding of information from the Secretary during any phase of a proceeding for approval of the vaccine under section 262 of this title , intentional and wrongful withholding of information relating to the safety or efficacy of the vaccine after its approval, or other criminal or illegal activity relating to the safety and effectiveness of vaccines, In any stage of a civil action, the Vaccine Injury Table, any finding of fact or conclusion of law of the United States Court of Federal Claims or a special master in a proceeding on a petition filed under section 300aa–11 of this title and the final judgment of the United States Court of Federal Claims and subsequent appellate review on such a petition shall not be admissible.

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