42 USC 247d-6e - Covered countermeasure process

U.S Code last checked for updates: May 06, 2024

§ 247d–6e.

Covered countermeasure process

(a)

Establishment of Fund

(b)

Payment of compensation

(1)

In general

(2)

Elements of compensation

(3)

Rule of construction

(4)

Determination of eligibility and compensation

(5)

Covered countermeasure injury table

(A)

In general

(B)

Amendments

(C)

Judicial review

(6)

Meanings of terms

In applying sections 239a, 239b, 239c, 239d, and 239e of this title for purposes of this section—

(A)

the terms “vaccine” and “smallpox vaccine” shall be deemed to mean a covered countermeasure;

(B)

the terms “smallpox vaccine injury table” and “table established under section 239b of this title” shall be deemed to refer to the table established under paragraph (4); and

(C)

other terms used in those sections shall have the meanings given to such terms by this section.

(c)

Voluntary program

(d)

Exhaustion; exclusivity; election

(1)

Exhaustion

(2)

Tolling of statute of limitations

(3)

Rule of construction

(4)

Exclusivity

(5)

Election

(e)

Definitions

For purposes of this section, the following terms shall have the following meanings:

(1)

Covered countermeasure

(2)

Covered individual

The term “covered individual”, with respect to administration or use of a covered countermeasure pursuant to a declaration, means an individual—

(A)

who is in a population specified in such declaration, and with respect to whom the administration or use of the covered countermeasure satisfies the other specifications of such declaration; or

(B)

who uses the covered countermeasure, or to whom the covered countermeasure is administered, in a good faith belief that the individual is in the category described by subparagraph (A).

(3)

Covered injury

(4)

Declaration

(5)

Eligible individual

(July 1, 1944, ch. 373, title III, § 319F–4, as added Pub. L. 109–148, div. C, § 3, Dec. 30, 2005, 119 Stat. 2829.)

cite as: 42 USC 247d-6e