42 U.S.C. § 300aa–21

Editorial Notes

Codification

October 1, 1988October 1, 1988In subsec. (a), “,” and “” substituted for “the effective date of this part”.

Amendments

Pub. L. 102–5721992—Subsecs. (a), (b). substituted “United States Court of Federal Claims” for “United States Claims Court” wherever appearing.

Pub. L. 102–168section 300aa–11 of this titlesection 300aa–12(g) of this title1991—Subsec. (b). substituted “Continuance or withdrawal of petition” for “Withdrawal of petition” in heading, redesignated introductory provisions of par. (1) as introductory provisions of subsec. (b) and substituted “a notice in writing choosing to continue or to withdraw the petition” for “a notice in writing withdrawing the petition”, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and realigned margins, struck out at end of former par. (1) “If such a notice is not filed before the expiration of such 30 days, the petition with respect to which the notice was to be filed shall be considered withdrawn under this paragraph.”, and struck out par. (2) which read as follows: “If a special master or the court does not enter a decision or make a judgment on a petition filed under within 30 days of the provision of the notice in accordance with , the special master or court shall no longer have jurisdiction over such petition and such petition shall be considered as withdrawn under paragraph (1).”

Pub. L. 101–502, § 5(f)(1)October 1, 1988October 1, 19881990—Subsec. (a). , in closing provisions, inserted after second sentence “If a person elects to receive compensation under a judgment of the court in an action for a vaccine-related injury or death associated with the administration of a vaccine before , or is deemed to have accepted the judgment of the court in such an action, such person may not bring or maintain a civil action for damages against a vaccine administrator or manufacturer for the vaccine-related injury or death for which the judgment was entered.” and inserted “for vaccine-related injuries or deaths associated with the administration of a vaccine after ” after “actions” in last sentence.

Pub. L. 101–502, § 5(f)(2)section 300aa–12 of this titlesection 300aa–11 of this titlesection 300aa–12(d) of this titlesection 300aa–12(e)(2)(C) of this titlesection 300aa–11(a)(2) of this titleSubsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “If the United States Claims Court fails to enter a judgment under on a petition filed under within 420 days (excluding any period of suspension under and excluding any days the petition is before a special master as a result of a remand under ) after the date on which the petition was filed, the petitioner may submit to the court a notice in writing withdrawing the petition. An election shall be filed under this subsection not later than 90 days after the date of the entry of the Claims Court’s judgment or the appellate court’s mandate with respect to which the election is to be made. A person who has submitted a notice under this subsection may, notwithstanding , thereafter maintain a civil action for damages in a State or Federal court without regard to this subpart and consistent with otherwise applicable law.”

Pub. L. 101–239, § 6601(n)(1)(A)section 300aa–11 of this title1989—Subsec. (a). , amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “After the judgment of the United States Claims Court under on a petition filed for compensation under the Program for a vaccine-related injury or death has become final, the person who filed the petition shall file with the court—”.

Pub. L. 101–239, § 6601(n)(1)(B), amended last sentence generally. Prior to amendment, last sentence read as follows: “If a person elects to receive compensation under a judgment of the court or is deemed to have accepted the judgment of the court, such person may not bring or maintain a civil action for damages against a vaccine manufacturer for the vaccine-related injury or death for which the judgment was entered.”

Pub. L. 101–239, § 6601(n)(2)section 300aa–12(d) of this titlesection 300aa–12(e)(2)(C) of this titleSubsec. (b). , substituted “within 420 days (excluding any period of suspension under and excluding any days the petition is before a special master as a result of a remand under )” for “within 365 days” in first sentence and amended second sentence generally. Prior to amendment, second sentence read as follows: “Such a notice shall be filed not later than 90 days after the expiration of such 365-day period.”

Pub. L. 100–360Pub. L. 100–203, § 4308(c)1988—Subsec. (a). added , see 1987 Amendment note below.

Pub. L. 100–203, § 4308(c)Pub. L. 100–3601987—Subsec. (a). , as added by , substituted “the court’s final judgment” for “the entry of the court’s judgment” in concluding provisions.

Pub. L. 100–203, § 4307(8), substituted “the United States Claims Court” for “a district court of the United States” and “the court” for “a court” in three places.

Pub. L. 100–203, § 4304(c)Subsecs. (b), (c). , added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–572Oct. 29, 1992section 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

Pub. L. 102–168Oct. 1, 1988section 201(i)(2) of Pub. L. 102–168section 300aa–11 of this titleAmendment by effective as in effect on and after , see , set out as a note under .

Effective Date of 1990 Amendment

section 5(f)(1) of Pub. L. 101–502Nov. 14, 1986section 5(f)(2) of Pub. L. 101–502Sept. 30, 1990section 5(h) of Pub. L. 101–502section 300aa–11 of this titleAmendment by effective , and amendment by effective , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–239Dec. 19, 1989section 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, except that such suspension be excluded in determining the 420-day period prescribed in subsec. (b) of this section, 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.

Effective Date

Oct. 1, 1988section 323 of Pub. L. 99–660section 300aa–1 of this titleSubpart effective , see , set out as a note under .