130A-422. Definitions. The following definitions apply throughout this Article, unless the context clearly implies otherwise: (1) "Claimant" means any person who files a claim for compensation for a vaccine-related injury pursuant to G.S. 130A-425(b). In the case of a minor or incompetent, a claim may be filed by a guardian ad litem, parent, guardian, or […]
130A-423. North Carolina Childhood Vaccine-Related Injury Compensation Program; exclusive remedy; relationship to federal law; subrogation. (a) There is established the North Carolina Childhood Vaccine-Related Injury Compensation Program. (b) The rights and remedies granted the claimant, the claimant’s parent, guardian ad litem, guardian, or personal representative shall exclude all other rights and remedies of the claimant, […]
130A-424. Industrial Commission authorized to hear and determine claims; damages. The North Carolina Industrial Commission is authorized to hear and pass upon all claims filed pursuant to this Article. The members of the Commission, or a deputy thereof, have power to issue subpoenas, administer oaths, conduct hearings, take evidence, enter orders, opinions, settlements, and awards, […]
130A-425. Filing of claims. (a) Notwithstanding any other provision of State law, no action for compensation for a vaccine-related injury may be filed against any person unless that person was named as a respondent in a claim filed pursuant to this section and unless the claim was filed within the applicable time period set forth […]
130A-426. Determination of claims. (a) The Commission shall determine, on the basis of the evidence presented to it, the following issues: (1) Whether any injuries alleged in the claim are vaccine-related injuries; and (2) How much compensation, if any, is awardable pursuant to G.S. 130A-427. (b) If the Commission determines pursuant to subsection (a) of […]
130A-427. Commission awards for vaccine-related injuries; duties of Secretary. (a) Upon determining that a claimant has sustained a vaccine-related injury, the Commission shall make an award providing compensation or services for any or all of the following: (1) Actual and projected reasonable expenses of medical care, developmental evaluation, special education, vocational training, physical, emotional or […]
130A-428. Notice of determination of claim; appeal to full commission. (a) Decisions of the Commission pursuant to G.S. 130A-427 shall be final and binding on the claimant and each respondent. (b) Notwithstanding subsection (a), upon determination of the claim, the Commission shall notify all parties concerned in writing of its decision and any party shall […]
130A-429. Limitation on claims. (a) Except as provided in subsection (b) of this section, any claim under this Article that is filed more than six years after the administration of a vaccine alleged to have caused a vaccine-related injury is barred. Claims on behalf of minors or incompetent persons shall be filed by their parents, […]
130A-430. Right of State to bring action against health care provider and manufacturer. (a) If the Industrial Commission makes an award for a claimant who it determines has sustained a vaccine-related injury, the State may, within two years of the date the Commission renders its decision, bring an action against the health care provider who […]
130A-431. Certain vaccine diversions made felony. Any person who (i) receives a vaccine designated by the manufacturer for use in the State, (ii) directly or indirectly diverts the vaccine to a location outside the State, and (iii) directly or indirectly profits as a result of this diversion, is guilty of a Class I felony. The […]
130A-432. Scope. This Article applies to all claims for vaccine-related injuries occurring on and after October 1, 1986 and, at the option of the claimant, to claims for vaccine-related injuries that occurred before October 1, 1986 if such claim has not been resolved by final judgment or by settlement agreement or is not barred by […]
130A-433. Contracts for purchase of vaccines; distribution; fee; rules. (a) Notwithstanding any law to the contrary, the Secretary may enter into contracts with the manufacturers and suppliers of covered vaccines and with other public entities either within or without the State for the purchase of covered vaccines and may provide for the distribution or sale […]
130A-434. Child Vaccine Injury Compensation Fund established; payments from Fund; transfer of appropriations and receipts. (a) There is established the Child Vaccine Injury Compensation Fund within the Department to finance the North Carolina Childhood Vaccine-Related Injury Compensation Program created by this article. The money compensation components of all awards made pursuant to Article 17 of […]
