Page:United States Statutes at Large Volume 119.djvu/2843

 PUBLIC LAW 109–148—DEC. 30, 2005

119 STAT. 2825

‘‘(3) PLEADING WITH PARTICULARITY.—In an action under subsection (d), the complaint shall plead with particularity each element of the plaintiff’s claim, including— ‘‘(A) each act or omission, by each covered person sued, that is alleged to constitute willful misconduct relating to the covered countermeasure administered to or used by the person on whose behalf the complaint was filed; ‘‘(B) facts supporting the allegation that such alleged willful misconduct proximately caused the injury claimed; and ‘‘(C) facts supporting the allegation that the person on whose behalf the complaint was filed suffered death or serious physical injury. ‘‘(4) VERIFICATION, CERTIFICATION, AND MEDICAL RECORDS.— ‘‘(A) IN GENERAL.—In an action under subsection (d), the plaintiff shall verify the complaint in the manner stated in subparagraph (B) and shall file with the complaint the materials described in subparagraph (C). A complaint that does not substantially comply with subparagraphs (B) and (C) shall not be accepted for filing and shall not stop the running of the statute of limitations. ‘‘(B) VERIFICATION REQUIREMENT.— ‘‘(i) IN GENERAL.—The complaint shall include a verification, made by affidavit of the plaintiff under oath, stating that the pleading is true to the knowledge of the deponent, except as to matters specifically identified as being alleged on information and belief, and that as to those matters the plaintiff believes it to be true. ‘‘(ii) IDENTIFICATION OF MATTERS ALLEGED UPON INFORMATION AND BELIEF.—Any matter that is not specifically identified as being alleged upon the information and belief of the plaintiff, shall be regarded for all purposes, including a criminal prosecution, as having been made upon the knowledge of the plaintiff. ‘‘(C) MATERIALS REQUIRED.—In an action under subsection (d), the plaintiff shall file with the complaint— ‘‘(i) an affidavit, by a physician who did not treat the person on whose behalf the complaint was filed, certifying, and explaining the basis for such physician’s belief, that such person suffered the serious physical injury or death alleged in the complaint and that such injury or death was proximately caused by the administration or use of a covered countermeasure; and ‘‘(ii) certified medical records documenting such injury or death and such proximate causal connection. ‘‘(5) THREE-JUDGE COURT.—Any action under subsection (d) shall be assigned initially to a panel of three judges. Such panel shall have jurisdiction over such action for purposes of considering motions to dismiss, motions for summary judgment, and matters related thereto. If such panel has denied such motions, or if the time for filing such motions has expired, such panel shall refer the action to the chief judge for assignment for further proceedings, including any trial. Section 1253 of title 28, United States Code, and paragraph (3) of subsection

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