§ 130A‑427. Commissionawards for vaccine‑related injuries; duties of Secretary.
(a) Upon determiningthat a claimant has sustained a vaccine‑related injury, the Commissionshall make an award providing compensation or services for any or all of thefollowing:
(1) Actual and projectedreasonable expenses of medical care, developmental evaluation, specialeducation, vocational training, physical, emotional or behavioral therapy, andresidential and custodial care and service expenses, that cannot be provided bythe Department pursuant to subdivision (5) of this subsection;
(2) Loss of earnings andprojected earnings, determined in accordance with generally accepted actuarialprinciples;
(3) Noneconomic, generaldamages arising from pain, suffering, and emotional distress;
(4) Reasonableattorneys' fees;
(5) Needs that theSecretary determines on a case‑by‑case basis shall be met bymedical, health, developmental evaluation, special education, vocationaltraining, physical, emotional, or behavioral therapy, residential and custodialcare, and other essential and necessary services, to be provided the injuredparty by the programs and services administered by the Department. TheSecretary shall develop an itemized list of the service needs of the injuredparty upon review and evaluation of the injured party's medical record andshall present it to the Commission prior to the Commission's determination. Inthe event that the Commission's award includes the provision of any of theseservices, the Secretary shall develop a comprehensive, coordinated plan for thedelivery of these services to the injured party. Notwithstanding any otherprovision of State law, the Secretary shall waive all eligibility criteria indetermining eligibility for services provided by the Department under the planof care developed pursuant to this subdivision. If the award includes any suchservices, these services shall be provided by the Department free of any costto the injured party.
(b) The moneycompensation component of the award may not be made pursuant to this section inexcess of an aggregate amount of the present day value amount of three hundredthousand dollars ($300,000) with respect to all injuries claimed to haveresulted from the administration of a covered vaccine to a single individual.The value of all services to be provided by the Department, as part of thisaward is in addition to the total amount of money compensation, and is notincluded in the limitation prescribed by this subsection on the amount of moneycompensation that may be awarded. No damages may be awarded pursuant tosubdivision (a)(3) on behalf of any person to whom the covered vaccine was notadministered. (1985 (Reg. Sess., 1986), c. 1008, s. 1; 1989, c. 727,s. 151; 1997‑443, s. 11A.86.)
§ 130A‑427. Commissionawards for vaccine‑related injuries; duties of Secretary.
(a) Upon determiningthat a claimant has sustained a vaccine‑related injury, the Commissionshall make an award providing compensation or services for any or all of thefollowing:
(1) Actual and projectedreasonable expenses of medical care, developmental evaluation, specialeducation, vocational training, physical, emotional or behavioral therapy, andresidential and custodial care and service expenses, that cannot be provided bythe Department pursuant to subdivision (5) of this subsection;
(2) Loss of earnings andprojected earnings, determined in accordance with generally accepted actuarialprinciples;
(3) Noneconomic, generaldamages arising from pain, suffering, and emotional distress;
(4) Reasonableattorneys' fees;
(5) Needs that theSecretary determines on a case‑by‑case basis shall be met bymedical, health, developmental evaluation, special education, vocationaltraining, physical, emotional, or behavioral therapy, residential and custodialcare, and other essential and necessary services, to be provided the injuredparty by the programs and services administered by the Department. TheSecretary shall develop an itemized list of the service needs of the injuredparty upon review and evaluation of the injured party's medical record andshall present it to the Commission prior to the Commission's determination. Inthe event that the Commission's award includes the provision of any of theseservices, the Secretary shall develop a comprehensive, coordinated plan for thedelivery of these services to the injured party. Notwithstanding any otherprovision of State law, the Secretary shall waive all eligibility criteria indetermining eligibility for services provided by the Department under the planof care developed pursuant to this subdivision. If the award includes any suchservices, these services shall be provided by the Department free of any costto the injured party.
(b) The moneycompensation component of the award may not be made pursuant to this section inexcess of an aggregate amount of the present day value amount of three hundredthousand dollars ($300,000) with respect to all injuries claimed to haveresulted from the administration of a covered vaccine to a single individual.The value of all services to be provided by the Department, as part of thisaward is in addition to the total amount of money compensation, and is notincluded in the limitation prescribed by this subsection on the amount of moneycompensation that may be awarded. No damages may be awarded pursuant tosubdivision (a)(3) on behalf of any person to whom the covered vaccine was notadministered. (1985 (Reg. Sess., 1986), c. 1008, s. 1; 1989, c. 727,s. 151; 1997‑443, s. 11A.86.)
§ 130A‑427. Commissionawards for vaccine‑related injuries; duties of Secretary.
(a) Upon determiningthat a claimant has sustained a vaccine‑related injury, the Commissionshall make an award providing compensation or services for any or all of thefollowing:
(1) Actual and projectedreasonable expenses of medical care, developmental evaluation, specialeducation, vocational training, physical, emotional or behavioral therapy, andresidential and custodial care and service expenses, that cannot be provided bythe Department pursuant to subdivision (5) of this subsection;
(2) Loss of earnings andprojected earnings, determined in accordance with generally accepted actuarialprinciples;
(3) Noneconomic, generaldamages arising from pain, suffering, and emotional distress;
(4) Reasonableattorneys' fees;
(5) Needs that theSecretary determines on a case‑by‑case basis shall be met bymedical, health, developmental evaluation, special education, vocationaltraining, physical, emotional, or behavioral therapy, residential and custodialcare, and other essential and necessary services, to be provided the injuredparty by the programs and services administered by the Department. TheSecretary shall develop an itemized list of the service needs of the injuredparty upon review and evaluation of the injured party's medical record andshall present it to the Commission prior to the Commission's determination. Inthe event that the Commission's award includes the provision of any of theseservices, the Secretary shall develop a comprehensive, coordinated plan for thedelivery of these services to the injured party. Notwithstanding any otherprovision of State law, the Secretary shall waive all eligibility criteria indetermining eligibility for services provided by the Department under the planof care developed pursuant to this subdivision. If the award includes any suchservices, these services shall be provided by the Department free of any costto the injured party.
(b) The moneycompensation component of the award may not be made pursuant to this section inexcess of an aggregate amount of the present day value amount of three hundredthousand dollars ($300,000) with respect to all injuries claimed to haveresulted from the administration of a covered vaccine to a single individual.The value of all services to be provided by the Department, as part of thisaward is in addition to the total amount of money compensation, and is notincluded in the limitation prescribed by this subsection on the amount of moneycompensation that may be awarded. No damages may be awarded pursuant tosubdivision (a)(3) on behalf of any person to whom the covered vaccine was notadministered. (1985 (Reg. Sess., 1986), c. 1008, s. 1; 1989, c. 727,s. 151; 1997‑443, s. 11A.86.)
