Page:United States Statutes at Large Volume 100 Part 5.djvu/289

 PUBLIC LAW 99-660—NOV. 14, 1986

100 STAT. 3763

DETERMINATION OF ELIGIBILITY AND COMPENSATION 'SEC. 2113. (a) GENERAL RULE.—

Courts, U.S. Records.

"(1) Compensation shall be awarded under the Program to a 42 USC petitioner if the court finds on the record as a whole— 300aa-13. "(A) that the petitioner has demonstrated by a preponderance of the evidence the matters required in the petition by section 2111(c)(1), and "(B) that there is not a preponderance of the evidence that the illness, disability, injury, condition, or death described in the petition is due to factors unrelated to the administration of the vaccine described in the petition. The court may not make such a finding based on the claims of a petitioner alone, unsubstantiated by medical records or by medical opinion. "(2) For purposes of paragraph (1), the term 'factors unrelated to the administration of the vaccine'— "(A) does not include any idiopathic, unexplained, unknown, hypothetical, or undocumentable cause, factor, injury, illness, or condition, and "(B) may, as documented by the petitioner's evidence or other material in the record, include infection, toxins, trauma (including birth trauma and related anoxia), or metabolic disturbances which have no known relation to the vaccine involved, but which in the particular case are shown to have been the agent or agents principally responsible for causing the petitioner's illness, disability, injury, condition, or death. '(b) MATTERS TO B E CONSIDERED.—

"(1) In determining whether to award compensation to a Courts, U.S. petitioner under the Program, the court shall consider, in addi- Records. tion to all other relevant medical and scientific evidence contained in the record— "(A) any diagnosis, conclusion, medical judgment, or autopsy or coroner's report which is contained in the record regarding the nature, causation, and aggravation of the petitioner's illness, disability, injury, condition, or death, and "(B) the results of any diagnostic or evaluative test which are contained in the record and the summaries and conclusions. Any such diagnosis, conclusion, judgment, test result, report, or summary shall not be binding on the court. In evaluating the weight to be afforded to any such diagnosis, conclusion, judgment, test result, report, or summary, the court shall consider the entire record and the course of the injury, disability, illness, or condition until the date of the judgment of the court. "(2) The court may find the first symptom or manifestation of onset or significant aggravation of an injury, disability, illness, condition, or death described in a petition occurred within the time period described in the Vaccine Injury Table even though the occurrence of such symptom or manifestation was not recorded or was incorrectly recorded as having occurred outside such period. Such a finding may be made only upon demonstration by a preponderance of the evidence that the onset or significant aggravation of the injury, disability, illness, condi-

�