Public Law 119-73 (01/23/2026)

42 U.S.C. § 300aa–17

Subrogation

(a)

General rule

1

1 So in original. Probably should be “subrogated”.
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.

(b)

Disposition of amounts recovered

section 9510 of title 26Amounts recovered under subsection (a) shall be collected on behalf of, and deposited in, the Vaccine Injury Compensation Trust Fund established under .

July 1, 1944, ch. 373Pub. L. 99–660, title III, § 311(a)100 Stat. 3770Pub. L. 100–203, title IV, § 4307(7)101 Stat. 1330–225Pub. L. 101–239, title VI, § 6601(m)(2)103 Stat. 2291(, title XXI, § 2117, as added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 101–239section 9510 of title 261989—Subsec. (b). substituted “the Vaccine Injury Compensation Trust Fund established under ” for “the trust fund which has been established to provide compensation under the Program”.

Pub. L. 100–203section 300aa–15 of this title1987—Subsec. (a). struck out par. (1) designation before “Upon” and struck out par. (2) which read as follows: “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 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).”

Statutory Notes and Related Subsidiaries

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 .