Vaccine Act Injuries and Claims FAQ

01What is the National Vaccine Injury Compensation Program (VICP)?

The VICP is a federal, no-fault program created to compensate people injured by certain covered vaccines. A petition is filed in the U.S. Court of Federal Claims, and the claim is evaluated using the Vaccine Injury Table and other medical and legal evidence.

02What types of vaccine injuries can be compensated?

Compensation may be available for injuries listed on the Vaccine Injury Table when the required timing and other rules are met, as well as some injuries proven to have been caused by a covered vaccine. Examples can include SIRVA, GBS, ADEM, Bell’s palsy, CIDP, encephalitis, anaphylaxis, and other recognized injuries.

03What is the difference between “on-table” and “off-table” injuries?

An on-table injury matches a condition and onset period listed for the vaccine on the applicable Table, which may allow a presumption of causation. An off-table injury is not listed, so the petitioner generally must prove causation with medical records, medical literature, expert opinion, and a reliable timeline.

04Who can file a claim, and what vaccines are covered?

An injured person, a parent or legal representative for a child, or an authorized representative of an estate may be able to file. Covered vaccines are those identified by the federal program and applicable Vaccine Injury Table; the vaccine type, formulation, administration, and date all matter.

05How do I start a VICP claim?

Start by preserving vaccination and medical records, writing down the symptom timeline, and checking the applicable Table and filing deadline. A vaccine injury attorney can review those details and, when appropriate, prepare and file a petition in the U.S. Court of Federal Claims.

06What evidence do I need to support my claim?

The evidence should connect the vaccination, symptoms, diagnosis, and losses. Useful materials commonly include:

• Medical records, imaging, test results, and treatment notes.
• Vaccination records, including the date, vaccine, and lot information if available.
• A symptom timeline showing onset, progression, referrals, and treatment.
• Qualified expert opinions when causation or a complex medical issue must be explained.

07What compensation is available?

Depending on the facts and applicable limits, an award may address reasonable unreimbursed medical expenses, lost earnings, pain and suffering, and certain death-related losses. The amount and categories of compensation depend on the proof and the rules governing the claim.

08Do I have to pay attorney fees out of pocket?

The VICP may award reasonable attorney fees and costs separately from a petitioner’s compensation when the petition is filed in good faith and has a reasonable basis. Fee eligibility and any client agreement should be discussed with counsel before filing.

09What are the deadlines for filing a VICP claim?

Many injury petitions must be filed within three years after the first symptom or significant aggravation, but death claims and certain Table changes have different rules. Deadlines are technical and can be outcome-determinative, so prompt review is important.

10What happens after a claim is filed?

The claim is served for review, including review by the Department of Health and Human Services. The parties may exchange records and legal positions, and a Special Master of the U.S. Court of Federal Claims may hold a hearing. A decision may be reviewed through the available appeal process, including review by the Court of Federal Claims and, in appropriate circumstances, the Federal Circuit.

11When should I contact a vaccine injury attorney?

Contact counsel as soon as you suspect a serious vaccine-related injury, especially before the filing deadline is close. Early review can help preserve records, identify the applicable Table requirements, and determine whether a VICP or another federal program should be considered.