§ 25-4-1709 — Limitations on liability

(1) No person who administers a vaccine
required under the provisions of this part 17 shall be held liable for injuries
sustained pursuant to such vaccine if:

(a) The vaccine was administered according to the schedule of immunization
established by the board of health;

(b) There were no medical contraindications for administering such vaccine;
and

(c) The vaccine was administered using generally accepted clinical methods.

(2) An action shall not be maintained for a vaccine-related injury or death
until action for compensation for such alleged injury has been exhausted under the
terms of the federal National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
secs. 300aa-10 to 300aa-33, as such law is from time to time amended, provided
the federal National Childhood Vaccine Injury Act of 1986 applies to the
particular vaccine administered.

(3) If the injury or death which is sustained does not fall within the
parameters of the vaccine injury table as defined in 42 U.S.C. sec. 300aa-14, as
enacted on November 14, 1986, a rebuttable presumption is established that the
injury sustained or the death was not due to the administration of the vaccine. Such
presumption shall be overcome by a preponderance of the evidence.

(4) Where a claim against a hospital, clinic, or provider arises from injuries
resulting from the handling, storage, or distribution of vaccines required by this
part 17, such hospital, clinic, or provider shall not be liable unless such injuries are
the result of the negligent failure of an employee of such hospital, clinic, or
provider to conform to recognized standards of practice which are necessary for
the protection of public health.

(5) A practitioner licensed to practice medicine pursuant to article 240 of
title 12 or licensed to practice nursing or as a certified midwife pursuant to part 1 of
article 255 of title 12 or the health-care clinic, hospital, office of a private
practitioner, or county public health clinic at which the immunization was
administered that relies on the health history and other information given by a
person who has been delegated the authority to consent to the immunization of a
minor pursuant to section 25-4-1704 (2.5) is not liable for damages related to an
immunization resulting from factual errors in the health history or information given
to the practitioner or the health-care clinic, hospital, office of a private practitioner,
or county public health clinic at which the immunization was administered by the
person when such practitioner or health-care clinic, hospital, office of a private
practitioner, or county public health clinic reasonably relies upon the health history
information given and exercises reasonable and prudent care in administering the
immunization.

Legislative History

Source: L. 92: Entire part added, p. 1312, � 1, effective July 1. L. 96: (5) added, p. 585, � 4, effective July 1. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1703, � 160, effective October 1. L. 2020: (5) amended, (HB 20-1183), ch. 157, p. 702, � 59, effective July 1. L. 2023: (5) amended, (SB 23-167), ch. 261, p. 1548, � 58, effective May 25.