The following is a table of vaccines, the injuries, disabilities, illnesses, conditions, and deaths resulting from the administration of such vaccines, and the time period in which the first symptom or manifestation of onset or of the significant aggravation of such injuries, disabilities, illnesses, conditions, and deaths is to occur after vaccine administration for purposes of receiving compensation under the Program:
VACCINE INJURY TABLE | ||
I. | DTP; P; DTP/Polio Combination; or Any Other Vaccine Containing Whole Cell Pertussis Bacteria, Extracted or Partial Cell Bacteria, or Specific Pertussis Antigen(s). | |
Illness, disability, injury, or condition covered: | Time period for first symptom or manifestation of onset or of significant aggravation after vaccine administration: | |
A. Anaphylaxis or anaphylactic shock | 24 hours | |
B. Encephalopathy (or encephalitis) | 3 days | |
C. Shock-collapse or hypotonic-hyporesponsive collapse | 3 days | |
D. Residual seizure disorder in accordance with subsection (b)(2) | 3 days | |
E. Any acute complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribed | Not applicable | |
II. | Measles, mumps, rubella, or any vaccine containing any of the foregoing as a component; DT; Td; or Tetanus Toxoid. | |
A. Anaphylaxis or anaphylactic shock | 24 hours | |
B. Encephalopathy (or encephalitis) | 15 days (for mumps, rubella, measles, or any vaccine containing any of the foregoing as a component). 3 days (for DT, Td, or tetanus toxoid). | |
C. Residual seizure disorder in accordance with subsection (b)(2) | 15 days (for mumps, rubella, measles, or any vaccine containing any of the foregoing as a component). 3 days (for DT, Td, or tetanus toxoid). | |
D. Any acute complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribed | Not applicable | |
III. | Polio Vaccines (other than Inactivated Polio Vaccine). | |
A. Paralytic polio | ||
-in a non-immunodeficient recipient | 30 days | |
-in an immunodeficient recipient | 6 months | |
-in a vaccine-associated community case | Not applicable | |
B. Any acute complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribed | Not applicable | |
IV. | Inactivated Polio Vaccine. | |
A. Anaphylaxis or anaphylactic shock | 24 hours | |
B. Any acute complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribed | Not applicable |
The following qualifications and aids to interpretation shall apply to the Vaccine Injury Table in subsection (a):
whichever occurs first, the Secretary shall conduct a rulemaking proceeding on the matters proposed in the petition or publish in the Federal Register a statement of reasons for not conducting such proceeding.
Except with respect to a regulation recommended by the Advisory Commission on Childhood Vaccines, the Secretary may not propose a regulation under subsection (c) or any revision thereof, unless the Secretary has first provided to the Commission a copy of the proposed regulation or revision, requested recommendations and comments by the Commission, and afforded the Commission at least 90 days to make such recommendations.
By August 1, 1995, the Secretary shall revise the Vaccine Injury Table included in subsection (a) to include-
When after August 1, 1993, the Centers for Disease Control and Prevention recommends a vaccine to the Secretary for routine administration to children, the Secretary shall, within 2 years of such recommendation, amend the Vaccine Injury Table included in subsection (a) to include-
The Secretary shall revise the Vaccine Injury Table included in subsection (a), through the process described in subsection (c), to include vaccines recommended by the Centers for Disease Control and Prevention for routine administration in pregnant women and the information described in subparagraphs (B) and (C) of paragraph (2) with respect to such vaccines.
42 U.S.C. § 300aa-14
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 300aa-14, act July 1, 1944, §2115, was successively renumbered by subsequent acts and transferred, see section 238l of this title. A prior section 2114 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238k of this title.
AMENDMENTS2016-Subsec. (e)(3). Pub. L. 114-255 added par. (3).1993-Subsec. (e). Pub. L. 103-66 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The Secretary may recommend to Congress revisions of the table to change the vaccines covered by the table." 1989-Subsec. (a). Pub. L. 101-239, §6601(k)(1), substituted "(b)(2)" for "(c)(2)" in items I.D. and II.C. in table. Subsec. (b)(3)(B). Pub. L. 101-239, §6601(k)(2), substituted "300aa-11 of this title" for "300aa-11(b) of this title".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1989 AMENDMENT For applicability of amendments by Pub. L. 101-239 to petitions filed after Dec. 19, 1989, 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 section 6601(s)(1) of Pub. L. 101-239 set out as a note under section 300aa-10 of this title.
REVISIONS OF VACCINE INJURY TABLE The Vaccine Injury Table as modified by regulations promulgated by the Secretary of Health and Human Services is set out at 42 CFR 100.3. Pub. L. 103-66, title XIII, §13632(a)(3), Aug. 10, 1993, 107 Stat. 646, provided that: "A revision by the Secretary under section 2114(e) of the Public Health Service Act (42 U.S.C. 300aa-14(e)) (as amended by paragraph (2)) shall take effect upon the effective date of a tax enacted to provide funds for compensation paid with respect to the vaccine to be added to the vaccine injury table in section 2114(a) of the Public Health Service Act (42 U.S.C. 300aa-14(a))."
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.
- Service
- The term "Service" means the Public Health Service;