H.R. 5330106th CongressHouse Bill

Vaccine Injury Compensation Program Corrective Amendments of 2000

Introduced in the HouseDead

This bill died when its Congress ended.

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Vaccine Injury Compensation Program Corrective Amendments of 2000 - Amends the Public Health Service Act relating to the National Vaccine Injury Compensation Program to: (1) designate the Program as a remedial program under which sovereign immunity does not apply; (2) change the burden of proof requirement for the award of compensation from a preponderance of the evidence to evidence sufficient to justify a belief that the petitioner's claims are well grounded (while giving the benefit of doubt to the petitioner); (3) require any defense raised that an illness, injury, or death was due to unrelated factors to be proved by clear and convincing evidence; (4) authorize as Program compensation expenses necessary for the establishment of a trust to receive Program funds, as well as expenses incurred for family counseling or training necessitated by the vaccine-related injury; (5) allow the petitioner to file applications for the award of petitioner's attorneys' fees; (6) increase to up to 72 months the statute of limitations under the Program; (7) allow such period to be extended for an additional 36 months after a petitioner first knew or should have known about his or her eligibility for compensation; (8) toll the statute of limitations until a petitioner reaches age 18 and, if a petitioner is incompetent, until 24 months after a guardian is appointed; and (9) authorize the refiling of a previously failed petition if the petitioner would have met the extended statute of limitations provided under this Act.

Introduced Sep 28, 2000
1
Introduced

Filed in the House

2
Passed House
3
Passed Senate
4
Became Law

This house bill has been filed and is working its way through Congress. It will need to pass both the House and the Senate, then be signed by the President to become law.

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