Vaccine Act Injuries and Claims Frequently Asked Questions
The National Vaccine Injury Compensation Program (VICP) provides a federal process for seeking compensation for certain serious injuries associated with covered vaccines. The information below is educational and does not replace legal advice about a specific claim.
1. What is the National Vaccine Injury Compensation Program (VICP)?
The VICP is a federal, no-fault compensation program created under the National Childhood Vaccine Injury Act of 1986. It provides a process for individuals who suffer certain vaccine-related injuries to seek compensation without having to prove that a vaccine manufacturer or healthcare provider was negligent.
A VICP petition is filed with the United States Court of Federal Claims. The program is funded through an excise tax on covered vaccines and is administered through a process involving the U.S. Department of Health and Human Services (HHS), the U.S. Department of Justice, and the Court's Office of Special Masters.
2. What types of vaccine injuries can be compensated?
The VICP may compensate certain serious injuries associated with covered vaccines. Examples may include Shoulder Injury Related to Vaccine Administration (SIRVA), Guillain-Barré Syndrome (GBS), acute disseminated encephalomyelitis (ADEM), anaphylaxis, encephalitis, transverse myelitis, Bell's palsy, chronic inflammatory demyelinating polyneuropathy (CIDP), and other injuries listed on the Vaccine Injury Table.
An injury generally must meet statutory severity requirements. Depending on the circumstances, the injury must last more than six months, require inpatient hospitalization and surgical intervention, or result in death. An injury that is not listed on the Vaccine Injury Table may still qualify if the petitioner proves that the vaccine caused the injury.
3. What is the difference between “on-table” and “off-table” injuries?
An “on-table” injury is an injury listed on the federal Vaccine Injury Table, with a specified timeframe in which symptoms must begin after the vaccination. If the applicable requirements are satisfied, the Table may allow the petitioner to rely on a legal presumption that the vaccine caused the injury.
An “off-table” injury is not listed on the Table, or it did not begin within the Table's specified timeframe. An off-table claim may still be pursued, but the petitioner generally must present evidence proving actual causation. The distinction affects the evidence and medical theory needed to establish entitlement to compensation.
4. Who can file a claim, and what vaccines are covered?
The injured person may file a petition, or a parent, legal guardian, or legal representative may file on behalf of a minor or legally disabled person. The legal representative of a deceased person may file a claim in appropriate circumstances.
The vaccine generally must be covered by the VICP and administered in the United States or its territories, subject to statutory exceptions. Covered vaccines are identified through the Vaccine Injury Table and related federal requirements. The list may include vaccines routinely recommended for children, pregnant individuals, or adults. COVID-19 vaccine claims generally proceed through the separate Countermeasures Injury Compensation Program (CICP), rather than the VICP.
Eligibility also depends on the nature and severity of the injury, the timing of symptoms, and other statutory requirements.
5. How do I start a VICP claim?
The process generally begins with gathering vaccination records, medical records, and information about the injury and its timing. A formal petition is then filed with the United States Court of Federal Claims. A copy of the petition and required materials must also be provided to HHS through the Health Resources and Services Administration (HRSA).
The petition should identify the vaccine, vaccination date, claimed injury, date of symptom onset or significant aggravation, medical history, and supporting evidence. Because Vaccine Act proceedings involve detailed federal requirements and strict deadlines, many claimants consult a vaccine injury attorney before filing.
6. What evidence do I need to support my claim?
Important evidence may include:
● Vaccination records identifying the vaccine and date it was administered;
● Medical records from before and after vaccination;
● Records documenting the first symptoms or significant aggravation of the injury;
● A detailed timeline of symptoms, treatment, and functional limitations;
● Hospital, surgical, rehabilitation, and therapy records;
● Employment and wage-loss documentation;
● Medical literature and other evidence concerning causation;
● Expert medical opinions, when necessary; and
● Evidence addressing the requirements of the Vaccine Injury Table or an off-table theory of causation.
The records should present a consistent history of the vaccination, symptom onset, diagnosis, treatment, and continuing effects. Missing or inconsistent records do not automatically prevent a claim, but they may affect how the claim is evaluated.
7. What compensation is available?
Depending on the facts and applicable law, compensation may include:
● Past and future unreimbursed medical expenses;
● Rehabilitation, therapy, equipment, and custodial-care expenses;
● Past and future lost earnings or diminished earning capacity;
● Compensation for physical pain and emotional distress;
● Death benefits in qualifying cases; and
● Reasonable attorney fees and litigation costs when the statutory requirements are satisfied.
The amount and type of compensation depend on the evidence, the nature and duration of the injury, available insurance or reimbursement, and the outcome of the proceeding. Some categories of compensation are subject to statutory limits.
8. Do I have to pay attorney fees out of pocket?
The VICP may award reasonable attorney fees and litigation costs separately from a claimant's compensation when the petition is filed and maintained in good faith and on a reasonable basis. This may apply even when the claim is not ultimately compensated, subject to the applicable legal standards and the Court's determination.
Vaccine Act attorneys generally may not charge a contingency fee from a claimant's award. Fee awards are subject to review by the Office of Special Masters and must be supported with appropriate documentation. You should discuss fees, costs, and representation terms with an attorney before beginning a claim.
9. What are the deadlines for filing a VICP claim?
For many injury claims, a petition must be filed within three years after the first symptom or manifestation of the injury, or the significant aggravation of the injury. Claims involving death generally must be filed within two years after the date of death and within four years after the first symptom or manifestation, or significant aggravation, of the injury from which the death resulted.
Special rules may apply when the Vaccine Injury Table changes or when other statutory provisions affect the filing period. Because missing a deadline can prevent recovery, potential claimants should not wait to investigate their rights. The applicable deadline depends on the specific vaccine, injury, onset date, and other facts.
10. What happens after a claim is filed?
After a petition is filed with the United States Court of Federal Claims, the matter is assigned to a court-appointed Special Master. HHS medical personnel review the petition and medical records, and the Department of Justice generally prepares a report addressing the medical and legal issues.
The Special Master evaluates the evidence and may schedule conferences, request additional records or expert reports, conduct a hearing, and issue a decision regarding entitlement and compensation. A claim may also resolve through a concession or negotiated settlement. A party may have rights to seek review of a Special Master's decision by a judge of the Court of Federal Claims and, in appropriate circumstances, pursue further appellate review.
11. When should I contact a vaccine injury attorney?
You should consider contacting a vaccine injury attorney as soon as possible after a serious or persistent medical condition develops following vaccination. Early legal review can help preserve records, identify the applicable Vaccine Injury Table provisions, evaluate the filing deadline, and determine whether an on-table or off-table theory may apply.
An attorney can also help organize medical evidence, obtain qualified expert opinions, prepare the petition, and represent you before the United States Court of Federal Claims and the Office of Special Masters. Do not delay seeking advice because the deadline and eligibility requirements depend on the specific facts of the claim.
Disclaimer
This webpage provides general educational information about the VICP and is not legal or medical advice. Vaccine Act requirements, available compensation, and filing deadlines depend on the facts of each case and may change based on applicable statutes, regulations, the Vaccine Injury Table, and Court decisions. No result is guaranteed. You should consult a qualified attorney regarding your individual circumstances.
If you or a loved one may have suffered a vaccine-related injury, contact Braden Blumenstiel Legal Advocates Group, LLC at 614-508-1677 or 888-343-9796 for a consultation.
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