Page:United States Statutes at Large Volume 100 Part 5.djvu/294

 100 STAT. 3768 «*-'

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PUBLIC LAW 99-660—NOV. 14, 1986

capacity is or has been impaired by reason of such person's vaccine-related injury for which compensation is to be awarded, compensation for actual and anticipated loss of earnings determined in accordance with generally recognized actuarial principles and projections. "(B) In the case of any person who heis sustained a vaccinerelated injury before attaining the age of 18 and whose earning capacity is or has been impaired by reason of such person's vaccine-related injury for which compensation is to be awarded and whose vaccine-related injury is of sufficient severity to permit reasonable anticipation that such person is likely to suffer impaired earning capacity at age 18 and beyond, compensation after attaining the age of 18 for loss of earnings determined on the basis of the average gross weekly earnings of I workers in the private, non-farm sector, less appropriate taxes and the average cost of a health insurance policy, as determined by the Secretary. •1 "(4) For actual and projected pain and suffering and emotional distress from the vaccine-related injury, an award not to exceed $250,000. Pajnnents for projected expenses shall be paid on a periodic basis 0)ut no payment may be made for a period in excess of 1 year). Payments for pain and suffering and emotional distress and incurred expenses may be paid in a lump sum. "Q)) VACCINES ADMINISTERED BEFORE THE EFFECTIVE DATE.—Com-

pensation awarded under the Program to a petitioner under section 2111 for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this subtitle shall only include the compensation described in paragraphs (I)(A) and (2) of subsection (a). "(c) RESIDENTIAL AND CUSTODIAL CARE AND SERVICE.—The amount of any compensation for residential and custodial care and service expenses under subsection (a)(1) shall be sufficient to enable the compensated person to remain living at home. "(d) TYPES OF COMPENSATION PROHIBITED.—(Dompensation awarded

under the Program may not include the following: "(1) Punitive or exemplary damages. "(2) Except with respect to compensation payments under paragraphs (2) and (3) of subsection (a), compensation for other H than the health, education, or welfare of the person who suffered the vaccine-related injury with respect to which the compensation is paid. "(e) ATTORNEYS' FEES.—

Courts, U.S.

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"(1) The judgment of a court on a petition filed under section 2111 awarding compensation shall include an amount to cover— "(A) reasonable attorneys' fees, and "(B) other costs, incurred in any proceeding on such petition. If the judgment of a court on such a petition does not award compensation, the court may include in the judgment an amount to cover petitioner's reasonable attorneys' fees and other costs incurred in any proceeding on such petition if the court determines that the civil action was brought in good faith and there was a reasonable basis for the claim for which the civil action was brought. "(2) If the petitioner, before the effective date of this title, filed a civil action for damages for any vaccine-related injury or death for which compensation may be awarded under the Pro-

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