I 111th CONGRESS 1st Session H. R. 4096 IN THE HOUSE OF REPRESENTATIVES November 17, 2009 Mr. Perriello introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to extend the deadlines applicable to filing petitions for compensation under the National Vaccine Injury Compensation Program.

1.

Short title

This Act may be cited as the National Vaccine Injury Compensation Program Modernization Act of 2009.

2.

Extension of filing deadline

(a)

General Rule

Section 2116(a) of the Public Health Service Act (42 U.S.C. 300aa–16(a)) is amended— (1)in paragraph (2), by striking 36 months and inserting 6 years (excluding any period during which the person who suffered the injury has not yet attained 18 years of age); and (2)in paragraph (3)— (A)by striking 24 months and inserting 6 years; and (B)by striking 48 months and inserting 6 years; and (3)in paragraphs (2) and (3), by striking the first symptom or manifestation of onset or of the significant aggravation each place it appears and inserting the first symptom, manifestation, or diagnosis, whichever is later, of onset or of the significant aggravation. (b)

Additional provisions

Section 2116(a) of the Public Health Service Act (42 U.S.C. 300aa–16(a)) is amended by adding at the end the following: (d)

Additional Extension

(1)

Minimum period

If an injury or death occurs as a result of a vaccine set forth in the Vaccine Injury Table which is administered after September 30, 1988, and before the date of the enactment of this subsection, the end of the limitation period applicable under paragraph (2) or (3) of subsection (a) for filing a petition for compensation under the Program for such injury or death, notwithstanding the provisions of such paragraphs, shall be not earlier than 2 years after the date of the enactment of this subsection. (2)

Effect of previous dismissal

Notwithstanding section 2111(b)(2), if a petition is filed within the limitation period applicable under paragraph (1), the petition may not be dismissed on the basis of a previous dismissal for untimely filing. (e)

Discovery rule

The limitation period applicable under paragraph (2) or (3) of subsection (a) shall not begin to run until the person who suffered a vaccine-related injury or death (or the legal representative thereof) first knew or should have reasonably known that the person may have experienced a vaccine-related injury or death. .