National Childhood Vaccine-Injury Compensation Act of 1985 - Amends the Public Health Service Act to establish the National Childhood Vaccine-Injury Compensation Program (Program). Prohibits the filing of a civil action for damages for vaccine-related injuries unless the procedures of this Act have been followed.
Directs the Secretary of Health and Human Services to prescribe rules governing the content of claims for vaccine-related injuries and procedures for filing such claims. Sets forth deadlines by which: (1) the Secretary must send the claimant and respondent lists of persons eligible to serve on hearing panels; (2) the respondent may join additional respondents; and (3) the claimant and respondent are to select persons for the hearing panel. Provides for the selection and replacement of additional hearing panel members.
Permits each respondent to file a consent waiving his or her rights to a judge or jury trial. Allows the hearing panel to hear a claim if each respondent has filed consent. Allows the claimant to file an action for damages in a State or Federal court where none of the respondents have filed such consents.
Permits the hearing panel to hear the claim against participating respondents where some, but not all, of the respondents filed consents. Allows the claimant to file an action in a State or Federal court against the nonparticipating respondents. Declares that such court action shall be stayed on any party's motion until the proceedings against the participating respondents are completed.
Empowers the hearing panel to determine whether any alleged injuries are vaccine-related and, if appropriate, to award compensation. Sets an aggregate limit of $1,000,000 per person for such awards, including $100,000 for damages arising from pain, suffering, and emotional distress.
Allows the claimant to reject the decision of the hearing panel by filing an objection within 60 days. Permits the respondent to appeal the decision of the hearing panel to a Federal district court within 30 days thereafter if no such objection is filed by the claimant. Directs the district court to affirm the hearing panel decision, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party.
Permits a claimant who has filed a timely objection to the hearing panel decision to maintain an action for damages in an appropriate State or Federal court. Permits the decision of the hearing panel to be admitted into evidence, unless: (1) the decision was procured by corruption or fraud; (2) the hearing panel exceeded its authority; or (3) the hearing panel denied a fair hearing to any party.
Allows a plaintiff to recover a judgment for monetary damages to the full extent provided by State or Federal law where: (1) the respondent did not file a consent pursuant to this Act; or (2) the parties waived compliance with the procedures prescribed by this Act.
Limits recovery to the extent provided by this Act where the respondent has filed a consent.
Permits a respondent who has paid an award, judgment, or settlement to file a civil action in a U.S. district court seeking to recover all or part of it. Permits third-party impleaders and cross-claims.
Allows a party to file an action for contribution or indemnification if that party: (1) did not file a consent pursuant to this Act or waived compliance; and (2) discharged a vaccine-injury claim.
Declares that claims filed more than two years after the first manifestation of a vaccine-related injury shall be barred.
Defines "covered vaccine" to include vaccines against diptheria, tetanus, pertussis, polio, measles, mumps, and rubella.
Establishes an Advisory Commission on Childhood Vaccines to: (1) advise the Secretary on the implementation of the Program; (2) study and recommend ways to encourage the availability of safe and effective vaccines; (3) survey information gathering programs and advise the Secretary on how to obtain useful information; and (4) recommend research.
Directs the Secretary to develop parent information materials within one year of enactment of this Act. Describes the information to be included in such materials.
Directs the Secretary to: (1) encourage the development of vaccines that result in fewer major adverse reactions than those currently on the market; and (2) assure improvements in the vaccine industry to reduce the risks of major adverse reactions.
Requires the Secretary to report to specified congressional committees biennially.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to Subcommittee on Health and the Environment.
Subcommittee Hearings Held.
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