42 U.S.C. § 300aa-23
A civil action against a vaccine manufacturer for damages for a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, which is not barred by section 300aa-11(a)(2) of this title shall be tried in three stages.
The first stage of such a civil action shall be held to determine if a vaccine manufacturer is liable under section 300aa-22 of this title.
The second stage of such a civil action shall be held to determine the amount of damages (other than punitive damages) a vaccine manufacturer found to be liable under section 300aa-22 of this title shall be required to pay.
which activity related to the vaccine-related injury or death for which the civil action was brought.
In any stage of a civil action, the Vaccine Injury Table, any finding of fact or conclusion of law of the United States Court of Federal Claims or a special master in a proceeding on a petition filed under section 300aa-11 of this title and the final judgment of the United States Court of Federal Claims and subsequent appellate review on such a petition shall not be admissible.
42 U.S.C. § 300aa-23
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Food, Drug, and Cosmetic Act, referred to in subsec. (d)(2), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Tables.
CODIFICATION In subsec. (a), "October 1, 1988" substituted for "the effective date of this subpart" on authority of section 323 of Pub. L. 99-660 as amended, set out as an Effective Date note under section 300aa-1 of this title.
AMENDMENTS1992-Subsec. (e). Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court" in two places.1989-Subsec. (e). Pub. L. 101-239 substituted "finding of fact or conclusion of law" for "finding", "special master" for "master appointed by such court", and directed substitution of "the United States Claims Court and subsequent appellate review" for "a district court of the United States" which was executed by inserting "and subsequent appellate review" after "the United States Claims Court" the second place it appeared to reflect the probable intent of Congress and the amendment by Pub. L. 100-203, §4307(a), see 1987 Amendment note below. 1987-Subsec. (a). Pub. L. 100-203, §4302(b)(1), substituted "effective date of this subpart" for "effective date of this part".Subsec. (e). Pub. L. 100-203, §4307(9), substituted "the United States Claims Court" for "a district court of the United States" in two places.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572 set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
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.
- Secretary
- the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,
- drug
- the term "drug" means- (A) a beverage containing alcohol,(B) a controlled substance, or(C) a controlled substance analogue,