§ 25-4-909 — Vaccine-related injury or death - limitations on liability

Colorado § 25-4-909

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Disease Control

Text

(1) The
general assembly finds, determines, and declares that immunization of the
population of this state is vital to the health of Colorado citizens and has
demonstrated such finding by requiring such immunization pursuant to the
provisions of sections 25-4-901 to 25-4-908.

(2) No person who administers a vaccine which is required under the
provisions of this part 9 to an infant or child whose age is greater than twenty days
shall be held liable for injuries sustained pursuant to such vaccine if:

(a) The vaccine was administered using generally accepted clinical methods;

(b) The vaccine was administered according to the schedule of immunization
as published by the communicable disease control administration of the federal
government; and

(c) There were no clinical symptoms nor clinical history present under which
prudent health-care professionals would not have administered such vaccine.

(3) 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 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.

(4) 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 vaccine. Such
presumption shall be overcome by a preponderance of the evidence.

Legislative History

Source: L. 88: Entire section added, p. 624, � 3, effective July 1.