1068 APPENDIX III–VACCINE INJURY TABLE encephalitis, persists for at least 6 months from the first symptom or manifestation of onset or of significant aggravation of an acute encephalopathy or encephalitis. (ii) Individuals who return to their baseline neurologic state, as confirmed by clinical find- ings, within less than 6 months from the first symptom or manifestation of onset or of sig- nificant aggravation of an acute encephalopathy or encephalitis shall not be presumed to have suffered residual neurologic damage from that event any subsequent chronic en- cephalopathy shall not be presumed to be a sequela of the acute encephalopathy or en- cephalitis. (2) Injected refers to the intramuscular, intradermal, or subcutaneous needle administra- tion of a vaccine. (3) Sequela means a condition or event that was actually caused by a condition listed in the Vaccine Injury Table. (4) Significantly decreased level of consciousness is indicated by the presence of one or more of the following clinical signs: (i) Decreased or absent response to environment (responds, if at all, only to loud voice or painful stimuli) (ii) Decreased or absent eye contact (does not fix gaze upon family members or other individuals) or (iii) Inconsistent or absent responses to external stimuli (does not recognize familiar people or things). (5) Seizure includes myoclonic, generalized tonic-clonic (grand mal), and simple and complex partial seizures, but not absence (petit mal), or pseudo seizures. Jerking move- ments or staring episodes alone are not necessarily an indication of seizure activity. (e) Coverage provisions. (1) Except as provided in paragraph (e)(2), (3), (4), (5), (6), (7), or (8) of this section, this section applies only to petitions for compensation under the program filed with the Unit- ed States Court of Federal Claims on or after February 21, 2017. (2) Hepatitis B, Hib, and varicella vaccines (Items VIII, IX, and X of the Table) are in- cluded in the Table as of August 6, 1997. (3) Rotavirus vaccines (Item XI of the Table) are included in the Table as of October 22, 1998. (4) Pneumococcal conjugate vaccines (Item XII of the Table) are included in the Table as of December 18, 1999. (5) Hepatitis A vaccines (Item XIII of the Table) are included on the Table as of Decem- ber 1, 2004. (6) Trivalent influenza vaccines (Included in item XIV of the Table) are included on the Table as of July 1, 2005. All other seasonal influenza vaccines (Item XIV of the Table) are included on the Table as of November 12, 2013. (7) Meningococcal vaccines and human papillomavirus vaccines (Items XV and XVI of the Table) are included on the Table as of February 1, 2007. (8) Other new vaccines (Item XVII of the Table) will be included in the Table as of the effective date of a tax enacted to provide funds for compensation paid with respect to such vaccines. An amendment to this section will be published in the Federal Register to announce the effective date of such a tax.
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