Election

(a) In General. Within 90 days after the entry of judgment under Vaccine Rule 11, petitioner must file with the clerk an election either: (1) to accept the judgment; or (2) to file a civil action for damages for the alleged injury or death. (b) Failure to File an Election. If petitioner fails to file an election within the time prescribed, petitioner will be deemed to have filed an election to accept the judgment. (c) Moving for Limited Compensation. (1) In General. If petitioner does not elect to receive an award of compensation, the election to file a civil action for damages may be accompanied by a motion for the limited compensation provided by 42 U.S.C. § 300aa-15(f)(2). (2) Decision on the Motion. The clerk will forward the motion to the special master for a decision thereon. The decision of the motion the special master on constitutes a separate decision for purposes of Vaccine Rules 11, 18, and 23. (3) Waiver. If such a motion is not filed at the time the election is filed, petitioner Appendix B 128 will be deemed to have waived the limited compensation. (As revised and reissued May 1, 2002; as amended Aug. 2, 2005, July 13, 2009, July 31, 2023.) (As revised and reissued May 1, 2002; as amended June 20, 2006, July 13, 2009.)