(a) Reviews
The Secretary shall review the number of awards of compensation made under the program to petitioners under section 300aa–11 of this title for vaccine-related injuries and deaths associated with the administration of vaccines on or after December 22, 1987, as follows:
(1) The Secretary shall review the number of such awards made in the 12-month period beginning on December 22, 1987.
(2) At the end of each 3-month period beginning after the expiration of the 12-month period referred to in paragraph (1) the Secretary shall review the number of such awards made in the 3-month period.
(b) Report
(1) If in conducting a review under subsection (a) the Secretary determines that at the end of the period reviewed the total number of awards made by the end of that period and accepted under section 300aa–21(a) of this title exceeds the number of awards listed next to the period reviewed in the table in paragraph (2)—
(A) the Secretary shall notify the Congress of such determination, and
(B) beginning 180 days after the receipt by Congress of a notification under paragraph (1), no petition for a vaccine-related injury or death associated with the administration of a vaccine on or after December 22, 1987, may be filed under section 300aa–11 of this title.
Section 300aa–11(a) of this title and subpart B of this part shall not apply to civil actions for damages for a vaccine-related injury or death for which a petition may not be filed because of subparagraph (B).
(2) The table referred to in paragraph (1) is as follows:
Open Table| Period reviewed:
|
Total number of awards by the end of the period reviewed |
|---|---|
| 12 months after December 22, 1987 | 150 |
| 13th through the 15th month after December 22, 1987 | 188 |
| 16th through the 18th month after December 22, 1987 | 225 |
| 19th through the 21st month after December 22, 1987 | 263 |
| 22nd through the 24th month after December 22, 1987 | 300 |
| 25th through the 27th month after December 22, 1987 | 338 |
| 28th through the 30th month after December 22, 1987 | 375 |
| 31st through the 33rd month after December 22, 1987 | 413 |
| 34th through the 36th month after December 22, 1987 | 450 |
| 37th through the 39th month after December 22, 1987 | 488 |
| 40th through the 42nd month after December 22, 1987 | 525 |
| 43rd through the 45th month after December 22, 1987 | 563 |
| 46th through the 48th month after December 22, 1987 | 600. |
Codification
In subsecs. (a) and (b), "December 22, 1987" 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.
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