(a) Notwithstanding anyother provision of State law, no action for compensation for a vaccine‑relatedinjury may be filed against any person unless that person was named as arespondent in a claim filed pursuant to this section and unless the claim wasfiled within the applicable time period set forth in G.S. 130A‑429.
(b) In all claims filedpursuant to this Article, the claimant or the person in whose behalf the claimis made shall file with the Commission a verified petition in duplicate,setting forth the following information:
(1) The name and addressof the claimant;
(2) The name and addressof each respondent;
(3) The amount ofcompensation in money and services sought to be recovered;
(4) The time and placewhere the injury occurred;
(5) A brief statement ofthe facts and circumstances surrounding the injury and giving rise to theclaim; and
(6) Supportingdocumentation and a statement of the claim that the claimant or the person inwhose behalf the claim is made suffered a vaccine‑related injury and hasnot previously collected an award or settlement of a civil action for damagesfor this injury. This supporting documentation shall include all availablemedical records pertaining to the alleged injury, including autopsy reports, ifany, and if the injured person was under two years of age at the time ofinjury, all prenatal, obstetrical, and pediatric records of care preceding theinjury, and an identification of any unavailable records known to the claimantor the person in whose behalf the claim is made.
(7) Documentation toshow that the claimant has filed an election pursuant to Section 2121 of thePublic Health Service Act, P.L. 99‑660, permitting such claimant to filea civil action for damages for a vaccine‑related injury or death ordocumentation to show that such claimant is otherwise permitted by federal lawto file an action against a vaccine manufacturer.
(c) Upon receipt ofthis verified petition in duplicate, the Commission shall enter the case uponits hearing docket and shall determine the matter in the county where theinjury occurred unless the parties agree or the Commission directs that thecase may be heard in some other county. All parties shall be given reasonablenotice of the date when and the place where the claim will be heard. Immediately upon receipt of the claim, the Commission shall serve a copy of theverified petition on each respondent by registered or certified mail. TheCommission shall also send a copy of the verified petition to the Secretary,who shall be a party to all proceedings involving the claim, and to theAttorney General who shall represent the State's interest in all theproceedings involving the claim.
(d) The Commissionshall adopt rules necessary to govern the proceedings required by thisArticle. The Rules of Civil Procedure as contained in G.S. 1A‑1 etseq. and the General Rules of Practice for the Superior and District Courtsas authorized by G.S. 7A‑34 apply to claims filed with the IndustrialCommission under this Article. The Commission shall keep a record of allproceedings conducted under this Article, and has the right to subpoena anypersons and records it considers necessary in making its determinations. TheCommission may require all persons called as witnesses to testify under oath oraffirmation, and any member of the Commission may administer oaths. If anypersons refuse to comply with any subpoena issued pursuant to this Article orto testify with respect to any matter relevant to proceedings conducted underthis Article, the Superior Court of Wake County, on application of theCommission, may issue an order requiring the person to comply with the subpoenaand to testify. Any failure to obey any such order may be punished by thecourt as for contempt. (1985 (Reg. Sess., 1986), c. 1008, s. 1; 1987, c. 215,s. 3; 1989, c. 727, s. 150; 1991, c. 410, s. 2.)
(a) Notwithstanding anyother provision of State law, no action for compensation for a vaccine‑relatedinjury may be filed against any person unless that person was named as arespondent in a claim filed pursuant to this section and unless the claim wasfiled within the applicable time period set forth in G.S. 130A‑429.
(b) In all claims filedpursuant to this Article, the claimant or the person in whose behalf the claimis made shall file with the Commission a verified petition in duplicate,setting forth the following information:
(1) The name and addressof the claimant;
(2) The name and addressof each respondent;
(3) The amount ofcompensation in money and services sought to be recovered;
(4) The time and placewhere the injury occurred;
(5) A brief statement ofthe facts and circumstances surrounding the injury and giving rise to theclaim; and
(6) Supportingdocumentation and a statement of the claim that the claimant or the person inwhose behalf the claim is made suffered a vaccine‑related injury and hasnot previously collected an award or settlement of a civil action for damagesfor this injury. This supporting documentation shall include all availablemedical records pertaining to the alleged injury, including autopsy reports, ifany, and if the injured person was under two years of age at the time ofinjury, all prenatal, obstetrical, and pediatric records of care preceding theinjury, and an identification of any unavailable records known to the claimantor the person in whose behalf the claim is made.
(7) Documentation toshow that the claimant has filed an election pursuant to Section 2121 of thePublic Health Service Act, P.L. 99‑660, permitting such claimant to filea civil action for damages for a vaccine‑related injury or death ordocumentation to show that such claimant is otherwise permitted by federal lawto file an action against a vaccine manufacturer.
(c) Upon receipt ofthis verified petition in duplicate, the Commission shall enter the case uponits hearing docket and shall determine the matter in the county where theinjury occurred unless the parties agree or the Commission directs that thecase may be heard in some other county. All parties shall be given reasonablenotice of the date when and the place where the claim will be heard. Immediately upon receipt of the claim, the Commission shall serve a copy of theverified petition on each respondent by registered or certified mail. TheCommission shall also send a copy of the verified petition to the Secretary,who shall be a party to all proceedings involving the claim, and to theAttorney General who shall represent the State's interest in all theproceedings involving the claim.
(d) The Commissionshall adopt rules necessary to govern the proceedings required by thisArticle. The Rules of Civil Procedure as contained in G.S. 1A‑1 etseq. and the General Rules of Practice for the Superior and District Courtsas authorized by G.S. 7A‑34 apply to claims filed with the IndustrialCommission under this Article. The Commission shall keep a record of allproceedings conducted under this Article, and has the right to subpoena anypersons and records it considers necessary in making its determinations. TheCommission may require all persons called as witnesses to testify under oath oraffirmation, and any member of the Commission may administer oaths. If anypersons refuse to comply with any subpoena issued pursuant to this Article orto testify with respect to any matter relevant to proceedings conducted underthis Article, the Superior Court of Wake County, on application of theCommission, may issue an order requiring the person to comply with the subpoenaand to testify. Any failure to obey any such order may be punished by thecourt as for contempt. (1985 (Reg. Sess., 1986), c. 1008, s. 1; 1987, c. 215,s. 3; 1989, c. 727, s. 150; 1991, c. 410, s. 2.)
(a) Notwithstanding anyother provision of State law, no action for compensation for a vaccine‑relatedinjury may be filed against any person unless that person was named as arespondent in a claim filed pursuant to this section and unless the claim wasfiled within the applicable time period set forth in G.S. 130A‑429.
(b) In all claims filedpursuant to this Article, the claimant or the person in whose behalf the claimis made shall file with the Commission a verified petition in duplicate,setting forth the following information:
(1) The name and addressof the claimant;
(2) The name and addressof each respondent;
(3) The amount ofcompensation in money and services sought to be recovered;
(4) The time and placewhere the injury occurred;
(5) A brief statement ofthe facts and circumstances surrounding the injury and giving rise to theclaim; and
(6) Supportingdocumentation and a statement of the claim that the claimant or the person inwhose behalf the claim is made suffered a vaccine‑related injury and hasnot previously collected an award or settlement of a civil action for damagesfor this injury. This supporting documentation shall include all availablemedical records pertaining to the alleged injury, including autopsy reports, ifany, and if the injured person was under two years of age at the time ofinjury, all prenatal, obstetrical, and pediatric records of care preceding theinjury, and an identification of any unavailable records known to the claimantor the person in whose behalf the claim is made.
(7) Documentation toshow that the claimant has filed an election pursuant to Section 2121 of thePublic Health Service Act, P.L. 99‑660, permitting such claimant to filea civil action for damages for a vaccine‑related injury or death ordocumentation to show that such claimant is otherwise permitted by federal lawto file an action against a vaccine manufacturer.
(c) Upon receipt ofthis verified petition in duplicate, the Commission shall enter the case uponits hearing docket and shall determine the matter in the county where theinjury occurred unless the parties agree or the Commission directs that thecase may be heard in some other county. All parties shall be given reasonablenotice of the date when and the place where the claim will be heard. Immediately upon receipt of the claim, the Commission shall serve a copy of theverified petition on each respondent by registered or certified mail. TheCommission shall also send a copy of the verified petition to the Secretary,who shall be a party to all proceedings involving the claim, and to theAttorney General who shall represent the State's interest in all theproceedings involving the claim.
(d) The Commissionshall adopt rules necessary to govern the proceedings required by thisArticle. The Rules of Civil Procedure as contained in G.S. 1A‑1 etseq. and the General Rules of Practice for the Superior and District Courtsas authorized by G.S. 7A‑34 apply to claims filed with the IndustrialCommission under this Article. The Commission shall keep a record of allproceedings conducted under this Article, and has the right to subpoena anypersons and records it considers necessary in making its determinations. TheCommission may require all persons called as witnesses to testify under oath oraffirmation, and any member of the Commission may administer oaths. If anypersons refuse to comply with any subpoena issued pursuant to this Article orto testify with respect to any matter relevant to proceedings conducted underthis Article, the Superior Court of Wake County, on application of theCommission, may issue an order requiring the person to comply with the subpoenaand to testify. Any failure to obey any such order may be punished by thecourt as for contempt. (1985 (Reg. Sess., 1986), c. 1008, s. 1; 1987, c. 215,s. 3; 1989, c. 727, s. 150; 1991, c. 410, s. 2.)
