§ 143-300.1A. (See Editor's note on condition precedent) Claims arising from certain smallpox vaccinations of State employees. - North Carolina Statutes

§ 143‑300.1A.  (See Editor's note on conditionprecedent) Claims arising from certain smallpox vaccinations of Stateemployees.

The North Carolina Industrial Commission shall have jurisdiction tohear and determine claims in accordance with the procedures set forth in thisArticle made against the State by a person who is permanently or temporarilyliving in the home of a State employee who receives in employment vaccinationagainst smallpox incident to the Administration of Smallpox Countermeasures byHealth Professionals, section 304 of the Homeland Security Act, Pub. L. No. 107‑296(Nov. 25, 2002) (to be codified at 42 U.S.C. § 233(p)) when the personcontracts an infection with smallpox or an infection with vaccinia or has anyadverse medical reaction due to the vaccination received by the employee. Aperson covered by this section shall be entitled to recover from the Statedamages incurred by the person that are directly attributable to thevaccination of the employee under this section. No showing of negligence isrequired under this section. The provisions of G.S. 143‑299.1 shall notapply to claims made under this section, and contributory negligence is not adefense for claims under this section. Damages awarded under this section shallbe paid in accordance with G.S. 143‑291(a1) and shall be subject to thesame limits as those which apply to tort claims under this Article. (2003‑169, s. 3.)