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, guardians ad litem, or guardians within the applicable limitations period established by this section.
(b) Claims that are filed in accordance with the procedures set forth in G.S. 130A-425(b) within six years after the date of the enactment of this Article shall not be barred unless, on the date the claim was filed, the claimant was barred by the applicable statute of limitations from filing an action for damages with respect to the subject matter of the claim.
(c) The period of limitation set forth in this section shall be stayed beginning on the date the claimant files a petition under Section 2111 of the Public Health Service Act, P.L. 99-660, and ending 120 days after the date final judgment is entered on the petition. (1985 (Reg. Sess., 1986), c. 1008, s. 1; 1991, c. 410, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 17 - Childhood Vaccine-Related Injury Compensation Program.
§ 130A-424 - Industrial Commission authorized to hear and determine claims; damages.
§ 130A-425 - Filing of claims.
§ 130A-426 - Determination of claims.
§ 130A-427 - Commission awards for vaccine-related injuries; duties of Secretary.
§ 130A-428 - Notice of determination of claim; appeal to full commission.
§ 130A-429 - Limitation on claims.
§ 130A-430 - Right of State to bring action against health care provider and manufacturer.
§ 130A-431 - Certain vaccine diversions made felony.
§ 130A-433 - Contracts for purchase of vaccines; distribution; fee; rules.