§ 130A-429. Limitation on claims. - North Carolina Statutes

§130A‑429.  Limitation on claims.

(a)        Except as providedin subsection (b) of this section, any claim under this Article that is filedmore than six years after the administration of a vaccine alleged to havecaused a vaccine‑related injury is barred. Claims on behalf of minors orincompetent persons shall be filed by their parents, guardians ad litem,or guardians within the applicable limitations period established by thissection.

(b)        Claims that arefiled in accordance with the procedures set forth in G.S. 130A‑425(b)within six years after the date of the enactment of this Article shall not bebarred unless, on the date the claim was filed, the claimant was barred by theapplicable statute of limitations from filing an action for damages withrespect to the subject matter of the claim.

(c)        The period oflimitation set forth in this section shall be stayed beginning on the date theclaimant files a petition under Section 2111 of the Public Health Service Act,P.L. 99‑660, and ending 120 days after the date final judgment is enteredon the petition. (1985 (Reg. Sess., 1986), c. 1008, s. 1; 1991, c. 410,s. 3.)