42 U.S. Code § 300aa–17 - Subrogation
prev | next
(a) General rule
Upon payment of compensation to any petitioner under the Program, the trust fund which has been established to provide such compensation shall be subrograted  to all rights of the petitioner with respect to the vaccine-related injury or death for which compensation was paid, except that the trust fund may not recover under such rights an amount greater than the amount of compensation paid to the petitioner.
(b) Disposition of amounts recovered
 So in original. Probably should be “subrogated”.
Source(July 1, 1944, ch. 373, title XXI, § 2117, as added Pub. L. 99–660, title III, § 311(a),Nov. 14, 1986, 100 Stat. 3770; amended Pub. L. 100–203, title IV, § 4307(7),Dec. 22, 1987, 101 Stat. 1330–225; Pub. L. 101–239, title VI, § 6601(m)(2),Dec. 19, 1989, 103 Stat. 2291.)
1989—Subsec. (b). Pub. L. 101–239substituted “the Vaccine Injury Compensation Trust Fund established under section 9510 of title 26” for “the trust fund which has been established to provide compensation under the Program”.
1987—Subsec. (a). Pub. L. 100–203struck out par. (1) designation before “Upon” and struck out par. (2) which read as follows: “In any case in which it deems such action appropriate, a district court of the United States may, after entry of a final judgment providing for compensation to be paid under section 300aa–15 of this title for a vaccine-related injury or death, refer the record of such proceeding to the Secretary and the Attorney General with such recommendation as the court deems appropriate with respect to the investigation or commencement of a civil action by the Secretary under paragraph (1).”
Effective Date of 1989 Amendment
For applicability of amendments by Pub. L. 101–239to petitions filed after Dec. 19, 1989, petitions currently pending in which the evidentiary record is closed, and petitions currently pending in which the evidentiary record is not closed, with provision for an immediate suspension for 30 days of all pending cases, see section 6601(s)(1) ofPub. L. 101–239, set out as a note under section 300aa–10 of this title.