Covered Vaccines Frequently Asked Questions
The National Vaccine Injury Compensation Program (VICP) provides a federal, no-fault process for seeking compensation for certain serious injuries associated with covered vaccines. Whether a claim qualifies depends on the vaccine involved, the injury, the medical evidence, and applicable filing deadlines.
1. Which vaccines are covered under the VICP?
The VICP generally covers vaccines recommended by the Centers for Disease Control and Prevention (CDC) for routine administration to children or pregnant women and subject to a federal excise tax. Covered vaccines include, among others:
● DTaP, Tdap, and tetanus-containing vaccines;
● Haemophilus influenzae type b (Hib);
● Hepatitis A and hepatitis B;
● Human papillomavirus (HPV);
● Seasonal influenza;
● Measles, mumps, and rubella (MMR);
● Meningococcal;
● Polio;
● Pneumococcal conjugate;
● Rotavirus; and
● Varicella.
The official Vaccine Injury Table and related federal guidance should be reviewed to determine whether a particular vaccine and injury may qualify.
2. Are COVID-19 vaccines covered by the VICP?
Generally, no. COVID-19 vaccines are not currently compensated through the VICP. Claims involving COVID-19 vaccines are generally handled through the federal Countermeasures Injury Compensation Program (CICP), which operates under different rules, procedures, proof requirements, and deadlines.
Because the applicable program may depend on the specific product and circumstances, individuals should obtain legal guidance promptly after a serious injury.
3. What is the Countermeasures Injury Compensation Program (CICP), and how does it differ from the VICP?
The CICP is a federal program that may provide benefits for serious injuries or deaths directly caused by certain covered countermeasures, including COVID-19 vaccines and other products used during public health emergencies.
The CICP differs from the VICP in several important ways:
● The programs cover different vaccines, products, and circumstances.
● The programs use different filing procedures and deadlines.
● The VICP involves a petition filed with the U.S. Court of Federal Claims.
● The CICP generally involves submitting a Request for Benefits Package to the CICP.
● The evidentiary standards and available benefits may differ.
Determining which program applies is an important first step in evaluating a potential claim.
4. Are adult vaccines covered, or only childhood vaccines?
Some adult vaccines are covered. VICP coverage is not limited exclusively to childhood vaccinations. For example, seasonal influenza, tetanus-containing, HPV, hepatitis, and other vaccines may be covered when they meet the applicable federal requirements.
Coverage depends on the particular vaccine, the date and circumstances of administration, the Vaccine Injury Table, and the nature and timing of the alleged injury.
5. How do I confirm that my vaccine is covered?
To evaluate coverage, gather the following information:
● The name and type of vaccine;
● The date and location of administration;
● The vaccine manufacturer and lot number, if available;
● Vaccination records;
● Medical records documenting the injury; and
● The date symptoms first appeared or significantly worsened.
The current Vaccine Injury Table and official Health Resources and Services Administration (HRSA) guidance should be reviewed. A vaccine injury attorney can also help determine whether the vaccine appears to fall within the VICP and whether another compensation program may apply.
6. What if my vaccine is not on the list?
If a vaccine is not covered by the VICP, a claim may not qualify under that program. Depending on the circumstances, another federal program—such as the CICP—or a different legal remedy may be relevant.
Even when a vaccine is listed, the claim must satisfy other requirements, including the applicable injury criteria, causation standards, severity requirements, and filing deadline. A vaccine not appearing on the Vaccine Injury Table does not necessarily end the legal inquiry, but it may require a different theory of proof or a different compensation program.
7. Do I need to prove that the vaccine was defective to receive compensation?
No. The VICP is generally a no-fault program, so a petitioner does not ordinarily need to prove that a vaccine manufacturer or healthcare provider was negligent or that the vaccine was defective.
A petitioner must still establish the legal and medical requirements for compensation. These may include showing that:
● The vaccine was covered;
● The injury meets the applicable severity requirement;
● The injury occurred within the required timeframe;
● The vaccine caused or significantly aggravated the injury; and
● The petition was filed on time.
For an injury listed on the Vaccine Injury Table and meeting the Table's requirements, causation may be presumed. Other claims may require medical records, expert opinions, and additional evidence establishing causation.
8. What is the Vaccine Injury Table, and how does it relate to covered vaccines?
The Vaccine Injury Table is a federal schedule identifying particular vaccines, associated injuries or conditions, and required timeframes for the first symptom or significant aggravation of the injury.
When a covered vaccine causes an injury listed on the Table and the injury meets the applicable definition and onset timeframe, the petitioner may benefit from a presumption of causation. Injuries that are not listed, or that do not meet the Table's requirements, may still be pursued but generally require proof of causation in fact.
The Table may be amended over time. The applicable version and filing rules should be carefully reviewed for each claim.
9. What deadlines apply to covered-vaccine claims?
For many VICP injury claims, a petition generally must be filed within three years after the first symptom or significant aggravation of the injury. Death claims generally involve different deadlines, including a deadline measured from the date of death and an additional limitation measured from the first symptom or significant aggravation.
Special rules may apply when the Vaccine Injury Table is amended or when other circumstances affect the filing period. The correct deadline depends on the vaccine, injury, date of onset or aggravation, date of death if applicable, and other facts.
Because missing a deadline can prevent recovery, potential claimants should obtain legal advice as soon as possible.
10. When should I contact a vaccine injury attorney?
You should consider contacting a vaccine injury attorney promptly if you or a loved one experiences a serious or persistent condition after receiving a vaccine. Early legal assistance can help preserve medical and vaccination records, identify the applicable compensation program, evaluate the Vaccine Injury Table, assess causation, and calculate the filing deadline.
The VICP is a specialized federal process involving the U.S. Court of Federal Claims. In qualifying cases, reasonable attorney fees and litigation costs may be paid separately by the program rather than deducted from a petitioner's compensation.
Disclaimer
This webpage provides general educational information and is not legal or medical advice. Vaccine injury eligibility, causation, compensation, and filing deadlines depend on the specific facts, medical evidence, vaccine involved, applicable Vaccine Injury Table, and current federal law and regulations. No result is guaranteed. You should consult a qualified attorney regarding your individual circumstances.
Contact Braden Blumenstiel Legal Advocates Group, LLC
If you or a loved one may have suffered a serious injury after receiving a covered vaccine, contact Braden Blumenstiel Legal Advocates Group, LLC for a consultation. Call us at 614-508-1677 or 888-343-9796.
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