This is a text-tree of the statutory legal rules governing compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq, as extended by the case law of Althen v. Secretary of Health and Human Services, 418 F.3d 1274 (Fed.Cir. 2005).

NOTE: LLT researchers generated the following reasoning model using the Legal Apprentice™ software, which can be downloaded by following this link.

RULES FINAL Althen Fed Cir

• Althen 418 F3d 1274 - Fed Cir 2005.pdf (Documents)
• Shyface 165 F3d 1344 - Fed Cir 1999.pdf (Documents)
• ○The petitioner is entitled to compensation under the National Vaccine Injury Compensation Program.
• ○AND [1 of 2] : All procedural conditions are satisfied.
• ○AND [1 of 3] : All jurisdictional conditions are satisfied (e.g., 42 USC 300aa-12).
• ○AND [2 of 3] : The limitations requirements are satisfied (42 USC 300aa-16).
• ○AND [3 of 3] : All other procedural requirements are satisfied.
• ○AND [2 of 2] : All substantive conditions are satisfied.
• ○AND [1 of 5] : the person who is the subject of the petition received a qualifying vaccination (i.e., the vaccination with the vaccine) or qualified as having "contracted polio, directly or indirectly, from another person who received an oral polio vaccine" (42 USC 300aa-11(c)(1)(A) & (B)).
• ○AND [2 of 5] : the person who is the subject of the petition actually "sustained, or had significantly aggravated," the injury and/or the death (see 42 USC 300aa-11(c)(1)(C)).
• ○AND [3 of 5] : The causation requirement is satisfied.
• ○OR [1 of 2] : TABLE INJURY: The "statutorily-prescribed presumption of causation" is satisfied (Althen, 418 F.3d at 1278).
• ○AND [1 of 2] : the person who is the subject of the petition sustained a Table injury.
• ○OR [1 of 2] : The injury of the person who is the subject of the petition constitute(s) an "illness, disability, injury or condition set forth in the Vaccine Injury Table in association with" the vaccine (42 USC 300aa-11(c)(1)(C)(i)).
• ○OR [2 of 2] : the person who is the subject of the petition "died from the administration of" the vaccine (42 USC 300aa-11(c)(1)(C)(i)).
• ○AND [2 of 2] : The "first symptom or manifestation of the onset or of the significant aggravation" of the injury and/or the death "occurred within the time period after [the vaccination] set forth in the Vaccine Injury Table" (42 USC 300aa-11(c)(1)(C)(i)).
• ○OR [2 of 2] : OFF-TABLE INJURY: The "causation-in-fact" condition is satisfied (Althen, 418 F.3d at 1278, 1281).
• ○AND [1 of 2] : The injury of the person who is the subject of the petition "was [or were] caused by" the vaccine received in the vaccination (42 USC 300aa-11(c)(1)(C)(ii)).
• ○the vaccine was "not only a but-for cause" of the injury and/or the death, "but also a substantial factor in bringing about" the injury and/or the death (Shyface, 165 F.3d at 1352-53; Althen, 418 F.3d at 1278).
• ○AND [1 of 3] : (1) A "medical theory causally connect[s]" the vaccination and the injury and/or the death (Althen, 418 F.3d at 1278).
• ○AND [2 of 3] : (2) A "logical sequence of cause and effect" shows that the vaccination "was the reason for" the injury and/or the death (Althen, 418 F.3d at 1278).
• ○AND [3 of 3] : (3) A "proximate temporal relationship" exists between the vaccination and the injury and/or the death (Althen, 418 F.3d at 1278).
• ○AND [2 of 2] : The injury of the person who is the subject of the petition is (or are) "off-Table" (42 USC 300aa-11(c)(1)(C)(ii)).
• ○OR [1 of 2] : The injury of the person who is the subject of the petition constitute(s) an "illness, disability, injury or condition not set forth in the Vaccine Injury Table" (42 USC 300aa-11(c)(1)(C)(ii)(I)).
• ○OR [2 of 2] : The time period set forth in the Vaccine Injury Table is not satisfied (42 USC 300aa-11(c)(1)(C)(ii)).
• ○AND [1 of 2] : The injury of the person who is the subject of the petition constitute(s) an "illness, disability, injury or condition set forth in the Vaccine Injury Table" (42 USC 300aa-11(c)(1)(C)(ii)(II)).
• ○AND [2 of 2] : The "first symptom or manifestation of the onset or significant aggravation" of the injury of the person who is the subject of the petition "did not occur within the time period [after the vaccination] set forth in the [Vaccine Injury] Table" (42 USC 300aa-11(c)(1)(C)(ii)(II)).
• ○AND [4 of 5] : The extent-of-injury requirement is satisfied (42 USC 300aa-11(c)(1)(D)).
• ○OR [1 of 3] : the person who is the subject of the petition "suffered the residual effects or complications of" the alleged injury "for more than 6 months after" the vaccination (42 USC 300aa-11(c)(1)(D)(i)).
• ○OR [2 of 3] : the person who is the subject of the petition died from the vaccination (42 USC 300aa-11(c)(1)(D)(ii)).
• ○OR [3 of 3] : the person who is the subject of the petition suffered the alleged injury from the vaccine "which resulted in inpatient hospitalization and surgical intervention" (42 USC 300aa-11(c)(1)(D)(iii)).
• ○AND [5 of 5] : the person who is the subject of the petition "has not previously collected an award or settlement of a civil action for damages" for the injury and/or the death (42 USC 300aa-11(c)(1)(E)).
• ○UNLESS [1 of 1] : the injury and/or the death is (or are) "due to factors unrelated to" the vaccination (namely, due to the named factor or factors) (42 USC 300aa-13(a)(1)(B)).