On-Table vs. Off-Table Vaccine Injuries Frequently Asked Questions
The National Vaccine Injury Compensation Program (VICP) distinguishes between injuries listed on the Vaccine Injury Table and injuries that must be proven through evidence of actual causation.
1. What does “on-table” mean in a VICP claim?
An “on-table” injury is an injury or condition listed on the federal Vaccine Injury Table. To qualify under the Table, the petitioner generally must show that:
● The person received a covered vaccine;
● The claimed injury or condition is listed for that vaccine;
● The first symptom or significant aggravation occurred within the time period specified in the Table; and
● The injury satisfies the Table's definitions, qualifications, and interpretive requirements.
When these requirements are met, the law generally provides a presumption that the vaccine caused the injury. The presumption may still be subject to factual and legal challenges.
2. What does “off-table” mean in a VICP claim?
An “off-table” injury is an injury that is not listed on the Vaccine Injury Table or that does not meet the Table's requirements, including the specified onset timeframe. An injury may still be compensable, but the petitioner generally must prove causation in fact.
Causation in fact requires evidence showing that the vaccine actually caused or significantly aggravated the claimed injury. Medical records, expert opinions, scientific literature, the timing of symptoms, and the person's medical history may all be relevant.
3. Why does the on-table/off-table distinction matter?
The distinction affects the type and amount of proof required. A qualifying on-table claim benefits from a legal presumption of causation, while an off-table claim generally requires the petitioner to establish causation in fact.
Both types of claims still require compliance with the Vaccine Act, including requirements concerning the covered vaccine, the nature and severity of the injury, filing deadlines, medical documentation, and filing in the United States Court of Federal Claims.
4. What is the Vaccine Injury Table?
The Vaccine Injury Table is a federal listing of covered vaccines, recognized injuries or conditions, and the timeframes in which symptoms must begin for a Table-based claim. The Table also includes qualifications and aids to interpretation that help define whether a claimed condition meets the applicable requirements.
The Table is subject to amendment. Because the applicable version may depend on the vaccine, injury, and date of the claim, the current Table and related federal regulations should be reviewed when evaluating eligibility.
5. How is causation proved for an off-table injury?
An off-table petitioner generally must prove causation in fact. This usually requires a persuasive medical and scientific explanation that:
● The vaccine can cause the claimed injury;
● The vaccine did cause or significantly aggravate the injury in the particular case; and
● The injury had a sufficient temporal relationship to the vaccination.
The evidence may include treating-provider records, expert medical opinions, medical literature, vaccination records, symptom timelines, prior medical history, and evidence addressing other potential causes. The applicable legal standard and the specific facts of the case determine what proof is required.
6. What are the timeframes for on-table injuries?
The Vaccine Injury Table specifies the required onset period for each listed injury and vaccine. Depending on the injury, the required timeframe may be measured in hours, days, weeks, or months after vaccination.
Meeting the Table's onset period is separate from meeting the deadline to file a petition. A claim may satisfy the Table's medical timeframe but still be barred if the petition is not filed within the applicable statutory deadline. Because the requirements vary, the current Table and the facts of the injury should be reviewed promptly.
7. Can an injury be on the Table but still not qualify?
Yes. A claim may not qualify for the Table presumption if, for example:
● The vaccine is not covered under the VICP;
● The claimed condition does not meet the Table's definition;
● The symptoms began outside the applicable Table timeframe;
● The condition does not satisfy the Table's qualifications or interpretive aids;
● The injury does not meet applicable severity requirements; or
● The petition was not timely filed.
Even when a Table presumption applies, the claim remains subject to review under the Vaccine Act. An attorney can evaluate whether the facts satisfy the Table and whether an alternative off-table theory should also be considered.
8. Which is harder to prove—on-table or off-table?
Off-table claims are generally more difficult to prove because they require evidence of causation in fact rather than relying primarily on the Table's presumption. They often require detailed expert analysis, scientific literature, and review of the petitioner's complete medical history.
On-table claims can also be complex. The petitioner must still prove that the vaccine, diagnosis, onset period, severity requirements, and other Table criteria are satisfied. A claim's difficulty depends on its facts, medical evidence, and applicable law.
9. How do I know whether my injury is on-table or off-table?
Start by identifying:
● The exact vaccine received;
● The date and location of vaccination;
● The first symptom or significant aggravation date;
● The medical diagnosis;
● The severity and duration of the injury; and
● Any relevant prior medical conditions or alternative causes.
Those facts should be compared with the current Vaccine Injury Table and applicable federal regulations. Some claims may support both an on-table theory and an alternative off-table causation-in-fact theory. A vaccine injury attorney can review the records and determine which legal theories may apply.
10. When should I contact a vaccine injury attorney?
You should consider contacting a vaccine injury attorney as soon as possible after experiencing a serious or persistent condition following vaccination. Early legal review can help preserve medical records, establish an accurate symptom timeline, identify the applicable Vaccine Injury Table provisions, and evaluate filing deadlines.
VICP petitions are filed with the United States Court of Federal Claims, and deadlines are strict. Braden Blumenstiel Legal Advocates Group, LLC can evaluate potential on-table and off-table claims and help guide clients through the federal Vaccine Act process.
Disclaimer
This information is for general educational purposes only and is not legal or medical advice. Whether a claim qualifies for compensation depends on the specific vaccine, diagnosis, medical history, onset timeline, evidence, applicable Vaccine Injury Table, and current law. Results and filing deadlines depend on the facts of each case. Speaking with an attorney does not create an attorney-client relationship.
Contact Braden Blumenstiel Legal Advocates Group, LLC
If you believe you or a loved one suffered a vaccine-related injury, contact Braden Blumenstiel Legal Advocates Group, LLC for a consultation. Call 614-508-1677 or 888-343-9796.
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