Persons Eligible to File Requests for Benefits
- Only persons who received the pandemic
influenza A (H5N1) vaccine on or after
December 1, 2006 through February 28,
2010 are eligible to file a request for benefits.
The persons eligible to file requests for
benefits for serious physical injuries
or deaths are determined in the declarations
issued by the Secretary of Health and
Human Services.
The first Declaration was published in the Federal Register
on February 1, 2007 (72 FR 4710). It
designated the pandemic influenza A
(H5N1) vaccine as a covered countermeasure,
with an effective time period of December
1, 2006 – February 28, 2010. This Declaration specifies that the
following persons with covered injuries
may be eligible to receive compensation
under the PREP Act:
- all persons who use the pandemic
influenza A (H5N1) vaccine or to
whom the pandemic influenza A (H5N1)
vaccine is administered as an Investigational
New Drug in a human clinical trial
conducted directly by the Federal
government, or pursuant to a contract,
grant or cooperative agreement with
the Federal government;
- all persons who use the pandemic
influenza A (H5N1) vaccine or to
whom the pandemic influenza A (H5N1)
vaccine is administered in a pre-pandemic
phase; and/or
- all persons who use the pandemic
influenza A (H5N1) vaccine, or to
whom the pandemic influenza A (H5N1)
vaccine is administered in a pandemic
phase.
Individuals have one (1) year from
the time they receive the vaccine to
apply for compensation.
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