Receiving an unfavorable decision on your vaccine injury claim can feel devastating, especially after months or years of documenting your injury, gathering medical records, and presenting your case. But a denial or insufficient award from the vaccine court does not have to be the final word. The National Vaccine Injury Compensation Program provides specific rights to an appeal that allow petitioners to challenge decisions they believe are wrong.
Understanding how to appeal—and acting quickly—is essential. The appeals process first involves the United States Court of Federal Claims, then the Federal Circuit, if necessary, and in rare cases the Supreme Court. Each appellate court hash its own standards and deadlines. This article explains what an unfavorable decision means, how the appeals process works, and why having a vaccine injury lawyer on your side can make a critical difference.
What does an “unfavorable” vaccine injury decision actually mean?
When the Office of Special Masters issues a decision denying your vaccine injury claim or awarding less compensation than you expected, it helps to understand exactly what went wrong. An unfavorable outcome can take several forms, and identifying the specific problem is the first step toward determining whether an appeal makes sense.
The most common types of unsatisfactory outcomes include full denial of entitlement, where the special master decides the vaccine did not cause your injury at all. This can happen when the alleged injury does not appear on the vaccine injury table within the required timeframe, or when the special master determines that the medical evidence does not support a causal link between the vaccine and your condition. A denial can also occur on procedural grounds, such as missing the statute of limitations (generally three years from the first symptom of the vaccine related injury) or failing to meet evidentiary requirements.
Another frustrating outcome is a partial award that is too low for a given injury. Even when a special master decides in your favor on entitlement, the damages decision may undervalue your medical expenses, future lost wages, or physical pain and emotional distress. The vaccine injury compensation program caps pain and suffering at $250,000, but disputes often arise over calculations of lost earnings, future care needs, or the severity of ongoing disability.
VICP decisions are issued by special masters—neutral judicial officers appointed within the Court of Federal Claims in Washington, D.C. These decisions typically come as a written ruling on entitlement, followed by a separate damages decision or negotiated stipulation. The special master’s decision can rest on legal conclusions (such as misinterpreting the Vaccine Act or the vaccine injury table) or factual determinations (such as crediting the government’s medical expert over yours).
Common examples of denied or undervalued claims include:
- Denial of a shoulder injury related to vaccine administration (SIRVA) claim after a flu shot, where the special master determines the injury did not occur within the required timeframe
- Rejection of a Guillain-Barré Syndrome claim following a tetanus or human papillomavirus vaccine, based on disputed causation evidence
- Award of pain-and-suffering compensation far below the evidence warrants for a permanent disability
- Dismissal of claims due to insufficient expert reports
Understanding exactly why your claim was denied or undervalued is the first task a vaccine injury lawyer undertakes when evaluating whether an appeal is worthwhile. The specific legal or factual errors in the special master’s decision will determine both the viability and the strategy of any appeal.
How does the vaccine injury appeal process work step by step?
Appeals in vaccine injury cases follow a structured, multi-level federal process. Unlike typical civil court litigation in state courts, the injury compensation program VICP channels all claims exclusively through the federal system, with specific procedures at each level. Understanding this structure helps you know what to expect and when to act.
The first level of appeal is a motion for review filed with the Court of Federal Claims. After the special master issues a decision, either party—the petitioner or the Secretary of Health and Human Services—may file a motion asking a judge of the federal claims court to review the special master’s decision. This motion must typically be filed within 30 days of the date the decision is entered as judgment. The reviewing judge examines whether the special master made errors of law or reached factual conclusions that were arbitrary and capricious.
If the Court of Federal Claims denies review or upholds the special master’s decision, the next step is an appeal to the United States Court of Appeals for the Federal Circuit. This appeal must generally be filed within 60 days of the Court of Federal Claims judgment. The Federal Circuit scrutinizes legal errors carefully but gives significant deference to the special master’s factual findings unless they were clearly erroneous or unsupported by substantial evidence.
In rare cases, a party may seek review by the United States Supreme Court through a petition for writ of certiorari, which must be filed within 90 days of the Federal Circuit’s decision. However, the Supreme Court rarely grants review in VICP matters due to the specialized nature of the program.
The record on appeal is usually limited to what was already filed in the vaccine court: medical records, expert reports, hearing transcripts, and prior motions. There is rarely an opportunity to add new evidence at the appellate level, which is why building a strong record during the initial proceedings is so important.
The standards of review differ depending on the type of issue being challenged:
| Issue Type | Standard of Review |
|---|---|
| Legal questions (interpreting the Vaccine Act, vaccine injury table) | De Novo (fresh review) |
| Factual findings (weighing expert testimony, causation determinations) | Arbitrary and capricious / clearly erroneous |
| Procedural rulings | Abuse of discretion |
It is worth noting that claims under the Countermeasures Injury Compensation Program—which covers certain vaccines and countermeasures not included in VICP—follow a different administrative process through Health Resources and Services Administration rather than the court system. These claims have their own deadlines and procedures that require careful navigation.
What deadlines and filing requirements should you know before appealing a special master’s decision?
The deadlines for appealing a vaccine injury decision are strict and jurisdictional. Missing them can permanently end your right to challenge the decision, no matter how strong your case might be. This is one of the most critical reasons to contact a vaccine injury attorney immediately after receiving an unfavorable ruling.
The key timeframes in VICP cases are as follows:
Motion for Review to Court of Federal Claims: Must typically be filed within 30 days of the date the special master’s decision is entered as judgment. This deadline is set by federal law and court rules under the National Childhood Vaccine Injury Act and is rarely extended.
Appeal to the Federal Circuit: Must generally be filed within 60 days of the Court of Federal Claims judgment. This deadline is also jurisdictional, meaning the court cannot hear your appeal if you miss it.
Petition to Supreme Court: Must be filed within 90 days of the Federal Circuit’s decision, though such petitions are rarely granted.
These deadlines are established by federal statute and the rules governing the federal court system. The notice or motion must be filed in the correct court, in the correct format, and must clearly identify the decision being challenged, the issues for review, and the relief requested. Filing fees and procedural requirements must be followed precisely.
Important: Siri & Glimstad routinely handles these filings nationwide and can quickly step in to preserve appeal rights if contacted soon after a decision is issued. Our experienced attorneys understand the procedural requirements and can ensure your appeal is filed properly and on time.
The strict nature of these deadlines underscores why you should not wait to seek legal representation. Even if you need time to consider your options, contacting a vaccine injury law firm immediately allows counsel to calculate exact deadlines in consideration to preserve your rights while you make your decision.
How do you know if your vaccine injury case is worth appealing?
Not every disappointing outcome is legally appealable, and not every appealable issue is worth pursuing. An experienced vaccine injury lawyer will first perform a focused review of the special master’s decision and your complete case file to assess whether an appeal has a reasonable chance of success.
Several common reasons may make an appeal advisable:
- The special master applied the wrong legal standard to causation, such as requiring a higher level of proof than the preponderance of the evidence standard that federal law requires
- The decision misread or misapplied the vaccine injury table, incorrectly concluding that your injury did not qualify as a table injury
- Key medical records or testimony were overlooked or given insufficient weight
- Expert testimony was improperly limited or excluded
- Lost wages, future care needs, or other damages were miscalculated
- The special master determines causation based on clearly erroneous factual findings
On the other hand, an appeal may not be strategic in certain situations. If the case turned primarily on credibility determinations—such as which expert the special master found more persuasive—appellate courts are unlikely to disturb those findings. Similarly, if the evidence of vaccine causation was extremely thin from the outset, an appeal may not improve the outcome.
At Siri & Glimstad, we evaluate both the likelihood of success and practical considerations. Appeals to the Federal Circuit can take one to two additional years, and the process requires substantial legal work. We assess whether a remand or new hearing would materially improve your monetary compensation and whether the legal errors in the decision are the type that appellate courts are willing to correct.
How can a vaccine injury lawyer strengthen your appeal?
Appellate advocacy is a distinct skill set that requires deep familiarity with the Vaccine Act, prior vaccine court precedent, and the procedural rules of both the Court of Federal Claims and the Federal Circuit. Representing individuals in these appeals demands specialized knowledge that general personal injury lawyers practicing in state courts typically do not possess.
A vaccine injury law firm like Siri & Glimstad performs several critical tasks when handling an appeal:
Analyzing the special master’s decision: Our attorneys review the decision line by line, comparing it to governing case law and identifying specific legal or factual errors. We examine whether the special master correctly applied the standards for on-table and off-table injuries, properly weighed expert testimony, and accurately calculated damages including lost earnings and future medical expenses.
Drafting persuasive appellate briefs: Appeals are won or lost on paper. Our legal representatives craft briefs that frame legal errors clearly for the reviewing court, cite relevant precedent, and present the strongest possible arguments for reversal or remand.
Preparing for oral argument: If the appellate court schedules oral argument, having counsel who has argued vaccine cases before these courts provides a significant advantage.
Exploring strategic alternatives: Sometimes a full appeal is not the best option. An experienced vaccine injury attorney can advise on seeking reconsideration from the special master, negotiating a revised vaccine injury settlement during the post-decision period, or—in limited circumstances—pursuing a separate civil court action when permitted by law.
Siri & Glimstad’s national vaccine practice means our attorneys are already admitted to the Court of Federal Claims and are familiar with the various special masters, the DOJ attorneys who defend these claims, and the federal government’s typical litigation strategies. This allows us to handle appeals efficiently regardless of where you live.
Importantly, in VICP matters, reasonable attorneys fees and costs for appeals are typically paid separately from the Vaccine Injury Compensation Trust Fund. This means petitioners usually do not have to pay out-of-pocket for qualified appellate representation. The trust fund, supported by excise taxes on covered vaccines rather than vaccine manufacturers directly, exists specifically to provide compensation and cover legal costs for those injured by certain vaccines.
What should you do immediately if you disagree with your vaccine injury decision?
Time is short after receiving an unfavorable decision from the vaccine court. You should act within days—not weeks—to preserve your appeal rights and give your legal team adequate time to review the decision and prepare a strong filing.
Practical first steps include:
- Keep all documents: Preserve the decision letter, any accompanying orders, and the entire case file including all prior filings and correspondence
- Note critical dates: Record the date the decision was filed and entered as judgment, as this starts the clock on your appeal deadlines
- Do not contact the court without legal advice: Well-meaning communications can inadvertently waive rights or create procedural problems
- Gather your records: Compile your medical records, expert reports, hearing transcripts, and any correspondence with your original legal representatives if you had counsel
Contacting a specialized vaccine injury firm like Siri & Glimstad promptly is essential. We offer a free consultation focused specifically on appeal options, including whether there might be parallel claims—such as civil rights or medical malpractice issues—that intersect with your vaccine cases.
If you were represented by another attorney during the initial proceedings, a new firm can often take over during the appeal stage, subject to court approval. Fee allocation between previous and new counsel is typically handled through separate fee petitions to the court, which are paid from the federal trust fund rather than your award. You should not hesitate to seek a second opinion simply because you already have an attorney.
Contact Siri & Glimstad today to schedule your free consultation. Our vaccine injury attorneys can calculate your exact deadlines, review the special master’s reasoning, and advise whether to appeal, negotiate a settlement, or pursue another legal path. With the no fault compensation program covering attorneys fees for good-faith claims, there is no financial risk to having experienced attorneys evaluate your options.
Frequently Asked Questions
Can I switch lawyers before I file a vaccine injury appeal?
Yes, petitioners may change counsel after an entitlement or damages decision, including at the appeal stage. The new lawyer will typically file a notice of substitution with the Court of Federal Claims, and the transition can usually be accomplished smoothly if done promptly.
Will appealing my VICP decision delay my compensation?
Filing an appeal generally pauses final payment of compensation because the judgment is not yet final while the case is under review by a judge or appellate court. No award for compensation will be distributed until the appeal is resolved. In some situations, a petitioner may choose not to appeal the entitlement decision but may still negotiate or challenge aspects of damages where permitted. These strategy choices should be discussed carefully with counsel to balance the desire for a faster resolution against the potential for a better outcome. While appeals can add many months or more than a year to the process, a successful appeal can result in substantially higher compensation or a new hearing that corrects prior errors. For severe injuries involving lifelong medical expenses or significant lost wages with no statutory cap, the additional time may be well worth the improved outcome.
Can I present new medical evidence during my appeal?
Appellate courts generally review the record as it existed before the special master, meaning new medical reports or test results are rarely allowed at the appeal level. The appeal focuses on whether legal errors occurred based on the evidence that was already submitted. In limited situations, a case can be remanded—or sent back—to the special master to consider new evidence, but this requires specific legal justification and is not automatic. You would need to demonstrate that the new evidence was not available during the original proceedings or that good cause exists for the remand. This limitation underscores why involving a vaccine injury lawyer as early as possible—ideally before or during the initial hearing—helps ensure that key experts and medical records are already part of the record for any later appeal. If you are still in the early stages of your VICP claim, building a comprehensive evidentiary foundation now protects your rights throughout the entire process.
What if I miss the deadline to appeal my vaccine injury decision?
If statutory appeal deadlines are missed, courts are generally barred from hearing the appeal, and the original decision may become final and unchangeable. The jurisdictional nature of these deadlines means that even compelling circumstances rarely excuse late filings. In rare and fact-specific circumstances, there may be limited procedural options such as certain post-judgment motions, but these are difficult to win and require immediate legal analysis. The best protection against missed deadlines is contacting an experienced vaccine injury attorney within days of receiving an unfavorable decision. If you believe that a deadline has already passed, contact Siri & Glimstad immediately. Our attorneys can review the docket dates, confirm the current status of your case, and explore any remaining legal avenues that might still be available.
How much does it cost to appeal a vaccine injury decision?
One of the significant benefits of the vaccine program is that attorneys fees and litigation costs are paid separately from the federal trust fund, not from your compensation award. This applies to both initial claims and appeals, provided the petition was filed in good faith and with a reasonable basis. This means you do not pay filing fees, expert costs, or legal fees out of pocket when working with experienced attorneys on a VICP appeal. At Siri & Glimstad, we handle vaccine injury claims and appeals on this basis, allowing injured persons and their legal guardians to seek compensation without financial risk. Our firm has recovered substantial awards for clients nationwide, and we are committed to ensuring that the cost of legal representation never prevents an injured person from pursuing justice.
