US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 300aa–15

Compensation

Section text and notes

(a)

General rule

section 300aa–11 of this titleCompensation awarded under the Program to a petitioner under for a vaccine-related injury or death associated with the administration of a vaccine after , shall include the following:
(1)
(A)
Actual unreimbursable expenses incurred from the date of the judgment awarding such expenses and reasonable projected unreimbursable expenses which—
(i)
result from the vaccine-related injury for which the petitioner seeks compensation,
(ii)
have been or will be incurred by or on behalf of the person who suffered such injury, and
(iii)
(I)
have been or will be for diagnosis and medical or other remedial care determined to be reasonably necessary, or
(II)
have been or will be for rehabilitation, developmental evaluation, special education, vocational training and placement, case management services, counseling, emotional or behavioral therapy, residential and custodial care and service expenses, special equipment, related travel expenses, and facilities determined to be reasonably necessary.
(B)
section 300aa–16(a)(2) of this title Subject to , actual unreimbursable expenses incurred before the date of the judgment awarding such expenses which—
(i)
resulted from the vaccine-related injury for which the petitioner seeks compensation,
(ii)
were incurred by or on behalf of the person who suffered such injury, and
(iii)
were for diagnosis, medical or other remedial care, rehabilitation, developmental evaluation, special education, vocational training and placement, case management services, counseling, emotional or behavioral therapy, residential and custodial care and service expenses, special equipment, related travel expenses, and facilities determined to be reasonably necessary.
(2)
In the event of a vaccine-related death, an award of $250,000 for the estate of the deceased.
(3)
(A)
In the case of any person who has sustained a vaccine-related injury after attaining the age of 18 and whose earning capacity is or has been impaired by reason of such person’s vaccine-related injury for which compensation is to be awarded, compensation for actual and anticipated loss of earnings determined in accordance with generally recognized actuarial principles and projections.
(B)
In the case of any person who has sustained a vaccine-related injury before attaining the age of 18 and whose earning capacity is or has been impaired by reason of such person’s vaccine-related injury for which compensation is to be awarded and whose vaccine-related injury is of sufficient severity to permit reasonable anticipation that such person is likely to suffer impaired earning capacity at age 18 and beyond, compensation after attaining the age of 18 for loss of earnings determined on the basis of the average gross weekly earnings of workers in the private, non-farm sector, less appropriate taxes and the average cost of a health insurance policy, as determined by the Secretary.
(4)
For actual and projected pain and suffering and emotional distress from the vaccine-related injury, an award not to exceed $250,000.
(b)

Vaccines administered before effective date

section 300aa–11 of this titleCompensation awarded under the Program to a petitioner under for a vaccine-related injury or death associated with the administration of a vaccine before , may include the compensation described in paragraphs (1)(A) and (2) of subsection (a) and may also include an amount, not to exceed a combined total of $30,000, for—
(1)
lost earnings (as provided in paragraph (3) of subsection (a)),
(2)
pain and suffering (as provided in paragraph (4) of subsection (a)), and
(3)
1
1 So in original. Probably should be preceded by another closing parenthesis.
reasonable attorneys’ fees and costs (as provided in subsection (e).
(c)

Residential and custodial care and service

The amount of any compensation for residential and custodial care and service expenses under subsection (a)(1) shall be sufficient to enable the compensated person to remain living at home.

(d)

Types of compensation prohibited

Compensation awarded under the Program may not include the following:
(1)
Punitive or exemplary damages.
(2)
Except with respect to compensation payments under paragraphs (2) and (3) of subsection (a), compensation for other than the health, education, or welfare of the person who suffered the vaccine-related injury with respect to which the compensation is paid.
(e)

Attorneys’ fees

(1)
section 300aa–11 of this title In awarding compensation on a petition filed under the special master or court shall also award as part of such compensation an amount to cover—
(A)
reasonable attorneys’ fees, and
(B)
other costs,
incurred in any proceeding on such petition. If the judgment of the United States Court of Federal Claims on such a petition does not award compensation, the special master or court may award an amount of compensation to cover petitioner’s reasonable attorneys’ fees and other costs incurred in any proceeding on such petition if the special master or court determines that the petition was brought in good faith and there was a reasonable basis for the claim for which the petition was brought.
(2)
section 300aa–11(a)(5) of this title If the petitioner, before , filed a civil action for damages for any vaccine-related injury or death for which compensation may be awarded under the Program, and petitioned under to have such action dismissed and to file a petition for compensation under the Program, in awarding compensation on such petition the special master or court may include an amount of compensation limited to the costs and expenses incurred by the petitioner and the attorney of the petitioner before , in preparing, filing, and prosecuting such civil action (including the reasonable value of the attorney’s time if the civil action was filed under contingent fee arrangements).
(3)
section 300aa–11 of this title No attorney may charge any fee for services in connection with a petition filed under which is in addition to any amount awarded as compensation by the special master or court under paragraph (1).
(f)

Payment of compensation

(1)
section 300aa–21(a) of this title Except as provided in paragraph (2), no compensation may be paid until an election has been made, or has been deemed to have been made, under to receive compensation.
(2)
section 300aa–12 of this titlesection 300aa–21(a) of this title Compensation described in subsection (a)(1)(A)(iii) shall be paid from the date of the judgment of the United States Court of Federal Claims under awarding the compensation. Such compensation may not be paid after an election under to file a civil action for damages for the vaccine-related injury or death for which such compensation was awarded.
(3)
2 U.S.C. 900 Payments of compensation under the Program and the costs of carrying out the Program shall be exempt from reduction under any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 [ et seq.].
(4)
(A)
section 9510 of title 26 Except as provided in subparagraph (B), payment of compensation under the Program shall be determined on the basis of the net present value of the elements of the compensation and shall be paid from the Vaccine Injury Compensation Trust Fund established under in a lump sum of which all or a portion may be used as ordered by the special master to purchase an annuity or otherwise be used, with the consent of the petitioner, in a manner determined by the special master to be in the best interests of the petitioner.
(B)
section 300aa–21(a) of this title In the case of a payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before , the compensation shall be determined on the basis of the net present value of the elements of compensation and shall be paid from appropriations made available under subsection (j) in a lump sum of which all or a portion may be used as ordered by the special master to purchase an annuity or otherwise be used, with the consent of the petitioner, in a manner determined by the special master to be in the best interests of the petitioner. Any reasonable attorneys’ fees and costs shall be paid in a lump sum. If the appropriations under subsection (j) are insufficient to make a payment of an annual installment, the limitation on civil actions prescribed by shall not apply to a civil action for damages brought by the petitioner entitled to the payment.
(C)
section 9510 of title 26 In purchasing an annuity under subparagraph (A) or (B), the Secretary may purchase a guarantee for the annuity, may enter into agreements regarding the purchase price for and rate of return of the annuity, and may take such other actions as may be necessary to safeguard the financial interests of the United States regarding the annuity. Any payment received by the Secretary pursuant to the preceding sentence shall be paid to the Vaccine Injury Compensation Trust Fund established under , or to the appropriations account from which the funds were derived to purchase the annuity, whichever is appropriate.
(g)

Program not primarily liable

42 U.S.C. 1396Payment of compensation under the Program shall not be made for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program (other than under title XIX of the Social Security Act [ et seq.]), or (2) by an entity which provides health services on a prepaid basis.

(h)

Liability of health insurance carriers, prepaid health plans, and benefit providers

No policy of health insurance may make payment of benefits under the policy secondary to the payment of compensation under the Program and—
(1)
no State, and
(2)
no entity which provides health services on a prepaid basis or provides health benefits,
42 U.S.C. 1396may make the provision of health services or health benefits secondary to the payment of compensation under the Program, except that this subsection shall not apply to the provision of services or benefits under title XIX of the Social Security Act [ et seq.].
(i)

Source of compensation

(1)
Payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before , shall be made by the Secretary from appropriations under subsection (j).
(2)
section 9510 of title 26 Payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine on or after , shall be made from the Vaccine Injury Compensation Trust Fund established under .
(j)

Authorization

For the payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before , there are authorized to be appropriated to the Department of Health and Human Services $80,000,000 for fiscal year 1989, $80,000,000 for fiscal year 1990, $80,000,000 for fiscal year 1991, $80,000,000 for fiscal year 1992, $110,000,000 for fiscal year 1993, and $110,000,000 for each succeeding fiscal year in which a payment of compensation is required under subsection (f)(4)(B). Amounts appropriated under this subsection shall remain available until expended.

July 1, 1944, ch. 373 Pub. L. 99–660, title III, § 311(a)100 Stat. 3767 Pub. L. 100–203, title IV101 Stat. 1330–221 Pub. L. 100–360, title IV, § 411o102 Stat. 808 Pub. L. 101–239, title VI, § 6601(c)(8)l103 Stat. 2286 Pub. L. 101–502, § 5(d)104 Stat. 1287 Pub. L. 102–168, title II, § 201(e)105 Stat. 1103 Pub. L. 102–531, title III, § 314106 Stat. 3508 Pub. L. 102–572, title IX, § 902(b)(1)106 Stat. 4516 Pub. L. 103–66, title XIII, § 13632(b)107 Stat. 646 (, title XXI, § 2115, as added , , ; amended , §§ 4302(b), 4303(a)–(d)(1), (e), (g), 4307(5), (6), , to 1330–223, 1330–225; ()(1), , ; , (), , , 2290; , , ; , (f), , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 99–17799 Stat. 1038 section 900 of Title 2The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (f)(3), is title II of , , . Part C of the Act is classified generally to subchapter I (§ 900 et seq.) of chapter 20 of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in subsecs. (g) and (h), is , . Title XIX of the Social Security Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.

Codification

section 323 of Pub. L. 99–660section 300aa–1 of this titleIn subsecs. (a), (b), (e)(2), (f)(4)(B), (i), and (j), “” substituted for “the effective date of this subpart” on authority of , as amended, set out as an Effective Date note under .

Prior Provisions

section 238m of this titleA prior section 300aa–15, act , § 2116, was successively renumbered by subsequent acts and transferred, see .

lA prior section 2115 of act , was successively renumbered by subsequent acts and transferred, see section 238 of this title.

Amendments

Pub. L. 103–661993—Subsec. (j). substituted “$110,000,000 for each succeeding fiscal year” for “$80,000,000 for each succeeding fiscal year”.

Pub. L. 102–5721992—Subsecs. (e)(1), (f)(2). substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 102–531Subsec. (j). increased authorization for fiscal year 1993 from $80,000,000 to $110,000,000.

Pub. L. 102–168, § 201(e)(1)(A)section 9510 of title 261991—Subsec. (f)(4)(A). , (2), struck out “of the proceeds” after “portion” and substituted “Vaccine Injury Compensation Trust Fund established under ” for “trust fund”.

Pub. L. 102–168, § 201(e)(1)(B)Subsec. (f)(4)(B). , which directed substitution of “shall be paid from appropriations made available under subsection (j) in a lump sum of which all or a portion” for “paid in 4 equal installments of which all or portion of the proceeds” was executed by making the substitution for “paid in 4 equal annual installments of which all or a portion of the proceeds” to reflect the probable intent of Congress.

Pub. L. 102–168, § 201(f)Subsec. (f)(4)(C). , added subpar. (C).

Pub. L. 101–502, § 5(d)(1)1990—Subsec. (e)(2). , inserted “of compensation” before “limited to the costs”.

Pub. L. 101–502, § 5(d)(2)(A)Subsec. (f)(2). , substituted “section 300aa–21(a)” for “section 300aa–21(b)”.

Pub. L. 101–502, § 5(d)(2)(B)section 300aa–21(a) of this titlesection 300aa–11(a) of this titleSubsec. (f)(4)(B). , substituted “subsection (j)” for “subsection (i)” and “the limitation on civil actions prescribed by ” for “”.

Pub. L. 101–502, § 5(d)(3)Subsec. (j). , inserted before period at end of first sentence “, and $80,000,000 for each succeeding fiscal year in which a payment of compensation is required under subsection (f)(4)(B)”.

Pub. L. 101–239, § 6601l1989—Subsec. (b). ()(1), substituted “may include the compensation described in paragraphs (1)(A) and (2) of subsection (a) and may also include an amount, not to exceed a combined total of $30,000, for—” and cls. (1) to (3) for “may not include the compensation described in paragraph (1)(B) of subsection (a) of this section and may include attorneys’ fees and other costs included in a judgment under subsection (e) of this section, except that the total amount that may be paid as compensation under paragraphs (3) and (4) of subsection (a) of this section and included as attorneys’ fees and other costs under subsection (e) of this section may not exceed $30,000.”

Pub. L. 101–239, § 6601lsection 300aa–11 of this titlesection 300aa–11 of this titleSubsec. (e)(1). ()(2)(A), substituted “In awarding compensation on a petition filed under the special master or court shall also award as part of such compensation an amount to cover” for “The judgment of the United States Claims Court on a petition filed under awarding compensation shall include an amount to cover”.

Pub. L. 101–239, § 6601l()(2)(B), (C), substituted “the special master or court may award an amount of compensation to cover” for “the court may include in the judgment an amount to cover” and “the special master or court determines that the petition was brought in good faith and there was a reasonable basis for the claim for which the petition” for “the court determines that the civil action was brought in good faith and there was a reasonable basis for the claim for which the civil action”.

Pub. L. 101–239, § 6601lPub. L. 101–239, § 6601(c)(8)(B)Subsec. (e)(2). ()(2)(D), which directed amendment of par. (2) by substituting “the special master or court may also award an amount of compensation” for “the judgment of the court on such petition may include an amount”, could not be executed because of the prior amendment by , see Amendment note below.

Pub. L. 101–239, § 6601(c)(8)section 300aa–11(a)(5) of this titlesection 300aa–11(a)(4) of this title, substituted “and petitioned under to have such action dismissed” for “and elected under to withdraw such action” and “in awarding compensation on such petition the special master or court may include” for “the judgment of the court on such petition may include”.

Pub. L. 101–239, § 6601lSubsec. (e)(3). ()(2)(E), substituted “awarded as compensation by the special master or court under paragraph (1)” for “included under paragraph (1) in a judgment on such petition”.

Pub. L. 101–239, § 6601lSubsec. (f)(3). ()(3)(A), inserted “under the Program and the costs of carrying out the Program” after “Payments of compensation”.

Pub. L. 101–239, § 6601lSubsec. (f)(4)(A). ()(3)(B), struck out “made in a lump sum” after “the Program shall be” and inserted “and shall be paid from the trust fund in a lump sum of which all or a portion of the proceeds may be used as ordered by the special master to purchase an annuity or otherwise be used, with the consent of the petitioner, in a manner determined by the special master to be in the best interests of the petitioner” after “elements of the compensation”.

Pub. L. 101–239, § 6601lSubsec. (f)(4)(B). ()(3)(C), substituted “determined on the basis of the net present value of the elements of compensation and paid in 4 equal annual installments of which all or a portion of the proceeds may be used as ordered by the special master to purchase an annuity or otherwise be used, with the consent of the petitioner, in a manner determined by the special master to be in the best interests of the petitioner. Any reasonable attorneys’ fees and costs shall be paid in a lump sum” for “paid in 4 equal annual installments”.

Pub. L. 101–239, § 6601lSubsec. (g). ()(4)(A), inserted “(other than under title XIX of the Social Security Act)” after “State health benefits program”.

Pub. L. 101–239, § 6601lSubsec. (h). ()(4)(B), inserted before period at end “, except that this subsection shall not apply to the provision of services or benefits under title XIX of the Social Security Act”.

Pub. L. 101–239, § 6601lSubsec. (i)(1). ()(5), which directed amendment of par. (1) by substituting “(j)” for “(i)”, could not be executed because “(i)” did not appear.

Pub. L. 101–239, § 6601lSubsec. (j). ()(6), struck out “and” after “fiscal year 1991,” and inserted “, $80,000,000 for fiscal year 1993” after “fiscal year 1992”.

Pub. L. 100–360, § 411o1988—Subsec. (i)(1). ()(1)(A), substituted “by the Secretary from appropriations under subsection (j)” for “from appropriations under subsection (i)”.

Pub. L. 100–360, § 411oSubsec. (j). ()(1)(B), inserted “to the Department of Health and Human Services”.

Pub. L. 100–203, § 4302(b)(1)1987—Subsec. (a). , substituted “effective date of this subpart” for “effective date of this part”.

Pub. L. 100–203, § 4303(d)(1)(A), struck out last two sentences which read as follows: “Payments for projected expenses shall be paid on a periodic basis (but no payment may be made for a period in excess of 1 year). Payments for pain and suffering and emotional distress and incurred expenses may be paid in a lump sum.”

Pub. L. 100–203, § 4303(c)section 300aa–11(c)(1)(D)(ii) of this titleSubsec. (a)(1). , struck out last sentence of subpars. (A) and (B) each of which read as follows: “The amount of unreimbursable expenses which may be recovered under this subparagraph shall be limited to the amount in excess of the amount set forth in .”

Pub. L. 100–203, § 4303(e)Subsec. (b). , substituted “may not include the compensation described in paragraph (1)(B) of subsection (a) of this section and may include attorneys’ fees and other costs included in a judgment under subsection (e) of this section, except that the total amount that may be paid as compensation under paragraphs (3) and (4) of subsection (a) of this section and included as attorneys’ fees and other costs under subsection (e) of this section may not exceed $30,000” for “shall only include the compensation described in paragraphs (1)(A) and (2) of subsection (a) of this section”.

Pub. L. 100–203, § 4302(b)(1), substituted “effective date of this subpart” for “effective date of this part”.

Pub. L. 100–203, § 4307(5)Subsec. (e)(1). , substituted “of the United States Claims Court” for “of a court” in two places.

Pub. L. 100–203, § 4302(b)Subsec. (e)(2). , substituted “effective date of this subpart, filed a” for “effective date of this subchapter, filed a” and “effective date of this subpart in preparing” for “effective date of this part in preparing”.

Pub. L. 100–203, § 4303(d)(1)(B)Subsec. (f). , (g), added par. (4) and redesignated a second subsec. (f), relating to the Program not being primarily liable, as subsec. (g).

Pub. L. 100–203, § 4307(6)Subsec. (f)(2). , substituted “United States Claims Court” for “district court of the United States”.

Pub. L. 100–203, § 4303(g)Subsecs. (g), (h). , redesignated a second subsec. (f), relating to the Program not being liable, as (g) and redesignated former subsec. (g) as (h).

Pub. L. 100–203, § 4303(a)Subsecs. (i), (j). , (b), added subsecs. (i) and (j).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date of 1991 Amendment

section 201(f) of Pub. L. 102–168section 201(i)(2) of Pub. L. 102–168section 300aa–11 of this titleAmendment by effective as if in effect on and after , see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–502section 5(h) of Pub. L. 101–502section 300aa–11 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–239section 6601(s)(2) of Pub. L. 101–239section 300aa–10 of this titleAmendment by applicable to all pending and subsequently filed petitions, see , set out as a note under .

Effective Date of 1988 Amendment

section 411 of Pub. L. 100–360Pub. L. 100–360Pub. L. 100–203Pub. L. 100–203section 411(a) of Pub. L. 100–360section 106 of Title 1Except as specifically provided in , amendment by , as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, , effective as if included in the enactment of that provision in , see , set out as a Reference to OBRA; Effective Date note under , General Provisions.