H.R.3545 - Omnibus Budget Reconciliation Act of 1987

https://www.congress.gov/bill/100th-congress/house-bill/3545

Subtitle D: Vaccine Compensation - Vaccine Compensation Amendments of 1987 - Amends the Public Health Service Act to provide that payment of compensation for an injury or death from administration of a vaccine before the effective date of this provision shall be made from specified appropriations and that compensation for injury or death from administration on or after the effective date shall be made from the Vaccine Injury Compensation Trust Fund. Authorizes appropriations for FY 1989 through 1992.

Removes provisions: (1) placing limitations on the amount of unreimbursable expenses which may be recovered; (2) requiring payments for projected expenses to be paid on a periodic basis; and (3) allowing payments for paid and suffering, emotional distress, and incurred expenses to be paid in a lump sum. Requires compensation for injury or death from administration of a vaccine on or after the effective date to be paid in a lump sum and payment for injury or death from administration before the effective date to be made in four annual installments.

Repeals provisions relating to administration by the National Vaccine Injury Compensation Program (Program) of awards and relating to revision of awards. Repeals a provision relating to annual inflation increases for certain compensation and for civil penalties.

Revises provisions relating to compensation for injury or death from administration of a vaccine before the effective date to change the categories for which compensation is prohibited and allowed and to limit specified types of compensation under certain categories to a stated amount.

Directs the Secretary of Health and Human Services to review the number of awards in specified periods and, if the Secretary determines that the number exceeds the number of awards listed in a specified table, to notify the Congress of the determination. Prohibits, in such case, the filing of a petition after a stated period. Makes specified provisions relating to the filing of petitions and relating to additional remedies inapplicable to civil actions for damages for a vaccine-related injury or death for which a petition may not be filed because of such prohibition.

Revises provisions relating to petitions for compensation.

Allows withdrawal of a petition on which a court has failed to enter a judgment within a specified time. Allows, after withdrawal, maintenance of a civil action for damages.

Authorizes awarding of costs of litigation to any plaintiff in certain circumstances in a citizen action against the Secretary for failure to perform under the National Vaccine Program subtitle. (Current law authorizes awarding of costs to any party when appropriate.)

Makes general rules relating to petitions for compensation apply to those who administer as well as those who manufacture a vaccine.

Grants jurisdiction over matters involving vaccine injury compensation to the U.S. Claims Court.

Removes provisions authorizing a court to refer a record of a proceeding, after entry of a final judgment providing for compensation, to the Secretary of Health and Human Services and the Attorney General with respect to a civil action by the Secretary under provisions relating to subrogation.