National Childhood Vaccine Injury Act

National Childhood Vaccine Injury Act of 1986 (NCVIA)

Captured 2022-11-01
Document Highlights

Establishes the National Vaccine Injury Compensation Program as an alternative remedy to judicial action for specified vaccine-related injuries.

Sets forth a table of injuries deemed vaccine-related for compensation purposes.

Limits awards for actual and projected pain and suffering and emotional distress to $250,000.

Provides that no vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death:
(1) resulting from unavoidable side effects; or
(2) solely due to the manufacturer’s failure to provide direct warnings.

Provides that a manufacturer may be held liable where:
(1) such manufacturer engaged in the fraudulent or intentional withholding of information; or
(2) such manufacturer failed to exercise due care.

Allows any person to commence a civil action against the Secretary where the Secretary allegedly has failed to perform a duty under this Act.

Grants the Secretary recall authority with respect to any licensed virus, serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, or other licensed product which presents a danger to public health.