US Code

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

42 U.S.C. § 300aa–16

Limitations of actions

Section text and notes

(a)

General rule

In the case of—
(1)
a vaccine set forth in the Vaccine Injury Table which is administered before , if a vaccine-related injury or death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such injury or death after the expiration of 28 months after , and no such petition may be filed if the first symptom or manifestation of onset or of the significant aggravation of such injury occurred more than 36 months after the date of administration of the vaccine,
(2)
a vaccine set forth in the Vaccine Injury Table which is administered after , if a vaccine-related injury occurred as a result of the administration of such 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 , 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 symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted.
(b)

Effect of revised table

section 300aa–11(b)(2) of this titleIf at any time the Vaccine Injury Table is revised and the effect of such revision is to permit an individual who was not, before such revision, eligible to seek compensation under the Program, or to significantly increase the likelihood of obtaining compensation, such person may, notwithstanding , 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

section 300aa–11 of this titlesection 300aa–21(a) of this titlesection 300aa–21(b) of this titleIf a petition is filed under 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 (1) an election is made under to file the civil action or (2) an election is made under to withdraw the petition.

July 1, 1944, ch. 373 Pub. L. 99–660, title III, § 311(a)100 Stat. 3769 Pub. L. 100–203, title IV, § 4302(b)(2)101 Stat. 1330–221 Pub. L. 101–239, title VI, § 6601(m)(1)103 Stat. 2291 Pub. L. 101–502, § 5(e)104 Stat. 1287 Pub. L. 102–168, title II, § 201(d)(2)105 Stat. 1103 Pub. L. 103–66, title XIII, § 13632(a)(1)107 Stat. 645 (, title XXI, § 2116, as added , , ; amended , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Codification

section 323 of Pub. L. 99–660section 300aa–1 of this titleIn subsec. (a)(1) to (3), “” and “,” 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 2116 of act , was successively renumbered by subsequent acts and transferred, see .

Amendments

Pub. L. 103–66section 300aa–11(b)(2) of this title1993—Subsec. (b). substituted “or to significantly increase the likelihood of obtaining compensation, such person may, notwithstanding , file” for “such person may file”.

Pub. L. 102–168section 300aa–21(b) of this title1991—Subsec. (c). substituted “or (2)” for “, (2)” and struck out “, or (3) the petition is considered withdrawn under .”

Pub. L. 101–502, § 5(e)(1)1990—Subsec. (a)(1). , substituted “28 months” for “24 months” and inserted before comma at end “and no such petition may be filed if the first symptom or manifestation of onset or of the significant aggravation of such injury occurred more than 36 months after the date of administration of the vaccine”.

Pub. L. 101–502, § 5(e)(2)section 300aa–21(a) of this titlesection 300aa–21(b) of this titlesection 300aa–21(b) of this titleSubsec. (c). , substituted “and ending on the date (1) an election is made under to file the civil action, (2) an election is made under to withdraw the petition, or (3) the petition is considered withdrawn under ” for “and ending on the date a final judgment is entered on the petition”.

Pub. L. 101–2391989—Subsec. (c). substituted “300aa–11 of this title” for “300aa–11(b) of this title”.

Pub. L. 100–2031987—Subsec. (a). substituted “effective date of this subpart” for “effective date of this subchapter” in pars. (1) to (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

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)(1) of Pub. L. 101–239section 300aa–10 of this titleFor applicability of amendments by to petitions filed after , petitions currently pending in which the evidentiary record is closed, and petitions currently pending in which the evidentiary record is not closed, with provision for an immediate suspension for 30 days of all pending cases, see , set out as a note under .