What Is a Vaccine Injury Claim and How Does the VICP Process Work?
A vaccine injury claim is a formal petition filed by individuals who have experienced serious adverse effects following vaccination with a covered vaccine. In the United States, the vast majority of these claims must be processed through the Vaccine Injury Compensation Program, a federal program established by the National Childhood Vaccine Injury Act of 1986 and operational since 1988. This program was created by Congress to provide a specialized, no-fault system for compensating those injured by childhood vaccines and other covered vaccinations while maintaining a stable vaccine supply.
Unlike traditional personal injury lawsuits filed in state or federal court, vaccine injury claims must be filed in the United States Court of Federal Claims. This unique tribunal—often called “vaccine court”—operates differently from typical litigation. A court appointed special master, a de facto judge, reviews each petitioner’s claim, weighing the medical evidence and legal arguments presented by both parties.
The process involves multiple federal agencies. The Department of Health and Human Services (“HHS,”) specifically the Health Resources and Services Administration, administers the program and provides medical review of claims. Vaccine injury lawsuits are filed by petitioners against HHS as respondent. The Department of Justice represents the Secretary of Health and Human Services in defending against petitions. The special master’s decision determines whether the petitioner is entitled to compensation. If you are entitled to compensation, the special master will determine the amount you are awarded.
One critical distinction: when you file a VICP petition, you are filing against the Secretary of HHS—not the vaccine manufacturer, not the pharmacy, and not the healthcare provider who administered the shot. This no-fault structure means you do not need to prove negligence or that anyone was at fault for your injury.
Compensation under the VICP can include:
- Unreimbursed past and future medical expenses
- Lost wages (past and future)
- Pain and suffering (up to a statutory cap of $250,000)
- Death benefits (up to $250,000)
- Reasonable attorneys’ fees and litigation costs
Common injuries that may be compensated include shoulder injury related to vaccine administration (SIRVA), Guillain-Barré Syndrome, brachial neuritis, and certain neurological conditions, including central nervous system disorders. Siri & Glimstad’s attorneys routinely handle VICP petitions nationwide and understand the evidentiary expectations and procedural requirements that govern vaccine court proceedings.
Does Your Injury Match Covered Vaccines and Recognized Conditions?
A strong vaccine injury claim typically begins with confirming that both the vaccine you received and the condition you developed fall within the VICP’s scope. The program covers a specific list of vaccines, and the Health Resources and Services Administration maintains what is known as the Vaccine Injury Table—a document that pairs certain covered vaccines with recognized injuries and specific timeframes for symptom onset.
Routinely covered vaccines include:
| Vaccine Type | Common Examples |
|---|---|
| Influenza | Seasonal flu shots |
| MMR | Measles, mumps, rubella vaccines |
| DTaP/Tdap | Diphtheria, tetanus, pertussis |
| Polio | IPV (inactivated poliovirus) |
| Hepatitis | Hepatitis A and B vaccines |
| HPV | Human papillomavirus vaccines |
| Varicella | Chickenpox vaccine |
This list is periodically updated through federal rulemaking, so it is important to verify current coverage when evaluating a potential claim.
A “Table Injury” is an injury listed on the Vaccine Injury Table that appears within a specified timeframe after vaccination. For example, in order to be recognized as a “Table Injury,” SIRVA must manifest within 48 hours of injection, while anaphylaxis must occur within four hours. When a petitioner establishes that they experienced a Table Injury within the designated window, a legal presumption arises that the vaccine caused the injury. This presumption significantly strengthens the claim because the burden then shifts to the government to disprove causation.
In contrast, “off-table” or “causation-in-fact” cases require the petitioner to affirmatively prove that the vaccine more likely than not caused the injury. This proof typically involves the three-part Althen test, which requires demonstrating:
- A medical theory causally connecting the vaccination to the injury
- A logical sequence of cause and effect between vaccination and injury
- A proximate temporal relationship between vaccination and injury
Off-table claims demand detailed medical records, expert medical opinions, and supporting scientific literature. While these cases can succeed, they are considerably more complex and benefit strongly from experienced legal representation.
If you are unsure whether your vaccine and diagnosis qualify under the VICP, consulting with a vaccine injury lawyer at Siri & Glimstad can help clarify your options. Misidentifying the relevant vaccine or injury from the outset can weaken your entire claim.
Have You Met the Strict Filing Deadlines and Jurisdiction Requirements?
Even the strongest medical evidence cannot save a vaccine claim filed after the statutory deadline has passed. Timeliness is one of the first factors any vaccine injury lawyer evaluates when reviewing a potential case.
VICP Statutes of Limitation:
| Claim Type | Filing Deadline |
|---|---|
| Injury claims | 3 years from first symptom onset |
| Death claims | 2 years from date of death (and no later than 4 years after onset of the injury that caused death) |
These deadlines are strictly enforced. Filing even one day late typically results in automatic dismissal, regardless of how clear the evidence of vaccine causation may be.
Jurisdiction is equally important. Claims for covered vaccines must be brought in the US Court of Federal Claims first, before any civil lawsuit against a healthcare provider or vaccine manufacturer can even be considered. This exhaustion requirement is built into the Vaccine Act and applies to most people seeking compensation for vaccine injuries.
A separate system—the Countermeasures Injury Compensation Program (CICP)—handles certain countermeasures used during public health emergencies, including some COVID-19 vaccines and therapeutics. The CICP has different rules, shorter deadlines, and a different administrative process. Understanding which program applies to your situation directly affects your legal strategy.
There are limited exceptions to standard VICP procedures. For instance, certain smallpox vaccine injuries during declared emergencies may be handled under the Federal Tort Claims Act. However, these situations are rare and highly technical.
The takeaway is clear: if you suspect a vaccine injury, contact Siri & Glimstad as soon as possible. The firm can calculate your specific deadlines, gather necessary records, and file before time expires.
Do Your Medical Records Clearly Support a Causal Connection?
The heart of most vaccine injury claims is the medical record—not the petitioner’s recollection of events. A strong claim is built on detailed, consistent documentation from the date of vaccination forward.
Key records that should typically be obtained include:
- Vaccination record with date, lot number, and injection site
- Emergency room and urgent care notes
- Primary care physician records
- Specialist consultations
- Physical therapy documentation
- Imaging studies (MRI, X-ray, ultrasound)
- Laboratory results
Contemporaneous documentation of symptom onset often makes the difference between a strong and weak case. For example, a SIRVA claim is substantially strengthened when medical records show the patient reported shoulder pain within 48 hours of injection. Waiting weeks or months to seek treatment—or failing to mention the vaccination to treating physicians—creates gaps that government attorneys will exploit.
Factors that can weaken causation arguments:
- Gaps in treatment or long periods without medical visits
- Inconsistent histories (different onset dates reported to different providers)
- Pre-existing conditions or prior injuries that offer alternative explanations
- Delayed onset beyond recognized timeframes for Table Injuries
Siri & Glimstad works with claimants to gather complete medical records, identify and address discrepancies, and—when appropriate—retain qualified medical experts who can establish the connection between the vaccine and the injury. The firm’s attorneys understand which evidence special masters find persuasive and how to present a coherent medical narrative.
One important note of caution: never attempt to “rewrite” the medical record after the fact or pressure healthcare providers to change clinical notes. Courts rely on contemporaneous documentation, and any appearance of manipulation can destroy credibility. Instead, focus on providing honest, accurate descriptions of symptoms and medical history to all treating physicians.
Have You Calculated Damages Realistically and Preserved Evidence of Losses?
A strong vaccine injury claim requires more than proving causation. Petitioners must also document the full economic and non-economic impact of their injury to receive appropriate compensation.
Main categories of VICP compensation:
| Category | Description |
|---|---|
| Past medical expenses | Unreimbursed costs already incurred |
| Future medical expenses | Projected costs for ongoing treatment |
| Lost earnings | Past and future wages lost due to injury |
| Out-of-pocket costs | Travel, home modifications, equipment |
| Pain and suffering | Capped at $250,000 under the statute |
To support these claims, petitioners should preserve concrete evidence of losses:
- Pay stubs and employer verification of missed work
- Mileage logs for medical appointments
- Therapy invoices and pharmacy receipts
- Documentation of home modifications or medical equipment purchases
- Bills and explanation of benefits from insurers
Overestimating damages without documentation can hurt your credibility with the special master. Conversely, underestimating long-term needs—such as future surgery or lifelong physical therapy—can leave you and your family significantly undercompensated.
Siri & Glimstad uses our wealth of resources to present a realistic picture of damages that aligns with how special masters in vaccine court typically evaluate awards. While the average award varies significantly based on injury severity and individual circumstances, proper documentation and expert support help ensure claimants receive fair compensation.
Even though successful VICP claims do not require proof of negligence, petitioners still bear the burden to show that claimed expenses and wage losses are tied to the vaccine injury—not to unrelated conditions or pre-existing health issues.
What Are the Most Common Pitfalls That Weaken Vaccine Injury Claims?
Many vaccine cases are undermined not by weak facts, but by avoidable mistakes made early in the process. Understanding these pitfalls can help you protect your claim from the outset.
Common mistakes that weaken claims:
- Missing the filing deadline – The 3-year statute of limitations is strictly enforced
- Failing to obtain complete medical records – Gaps create opportunities for the government to dispute causation
- Waiting too long to seek medical care – Delayed treatment raises questions about severity and causation
- Giving inconsistent timelines – Conflicting symptom onset dates across records damage credibility
- Filing without understanding VICP procedures – Vaccine court has unique rules that differ from traditional litigation
- Relying on unreliable science – Special masters depend on peer-reviewed literature and credible expert testimony
Self-representation poses particular risks. While petitioners are legally permitted to represent themselves, the US Court of Federal Claims vaccine court involves specialized rules of evidence, scheduling orders, and motion practice that can be difficult to navigate without counsel.
Settlement negotiations with the Department of Justice attorneys also require strategic preparation. Unrepresented claimants often lack knowledge of appropriate compensation ranges and may accept settlements far below what their claims are worth. Government attorneys are experienced in vaccine injury law and will use that expertise to their advantage.
Involving an experienced vaccine injury law firm like Siri & Glimstad early helps avoid these pitfalls and preserves the integrity of your case from the initial filing through final resolution—whether by settlement or decision after a hearing.
When Should You Talk to a Vaccine Injury Lawyer, and How Can Siri & Glimstad Help?
Anyone who experiences a serious adverse event within weeks of receiving a covered vaccine should speak with a vaccine injury lawyer as soon as possible—even if they are unsure whether the vaccine caused their symptoms. Early consultation allows for accurate deadline calculation, timely evidence preservation, and strategic case evaluation.
Initial consultations at Siri & Glimstad are typically free. In most VICP cases, attorneys’ fees and costs are paid by the program separately from any compensation awarded to the injured person. This means claimants generally do not pay legal fees out of their own pocket or out of their award. The funding for this program comes from an excise tax on covered vaccines. Do you have an injury claim? It is imperative that you speak to an experienced law firm with proven successful results.
How Siri & Glimstad evaluates a claim:
- Reviewing vaccination records and medical documentation
- Building a complete medical timeline
- Screening for statute of limitations issues
- Assessing whether the case fits better as a Table Injury or off-table causation case
- Identifying appropriate medical experts when needed
The firm handles all stages of the VICP process nationwide: petition drafting, evidence gathering, expert retention, settlement negotiations with government counsel, hearings before special masters, and—when necessary—appeals to the Court of Federal Claims and the Federal Circuit. This comprehensive approach ensures that no procedural requirement is overlooked and that your case receives the attention it deserves.
Contact Siri & Glimstad to have your potential vaccine injury claim evaluated before important deadlines in your potential lawsuit expire. Speaking with counsel does not commit you to filing a petition—it simply helps you understand your rights, the strength of your claim, and the appropriate next steps if you choose to move forward.
Frequently Asked Questions
Do I have to prove that my doctor or the vaccine manufacturer was negligent?
No. Under the Vaccine Injury Compensation Program, petitioners do not need to prove negligence or fault. The VICP is a no-fault system focused on whether a covered vaccine more likely than not caused the injury in question. This structure was established to streamline compensation while protecting the vaccine supply and shielding vaccine manufacturers from traditional product liability lawsuits. However, the no-fault nature of the program does not mean compensation is automatic. Petitioners must still meet specific medical and legal standards—proving that the vaccine caused their injury through Table Injury criteria or causation-in-fact evidence. Having an experienced vaccine injury lawyer significantly improves the chances of meeting these standards and presenting a compelling case to the special master.
What if my symptoms started months after vaccination—do I have a chance?
Some injuries recognized within the Vaccine Injury Table have very specific onset timeframes. For instance, SIRVA symptoms must appear within 48 hours, while Guillain-Barré Syndrome symptoms following a flu shot must manifest within a defined window. If your symptoms fall outside these timeframes, you cannot claim presumptive causation under the Table. However, off-table claims with delayed symptom onset may still be viable. These cases require robust medical expert testimony, scientific literature support, and a clear theory of biological plausibility connecting the vaccine to the injury. Delayed-onset claims are inherently more complex and benefit substantially from early involvement of a vaccine injury attorney who understands how to build causation arguments that satisfy the special master’s evidentiary requirements.
Can I pursue a regular lawsuit if I am unhappy with my VICP award?
The VICP generally requires claimants to exhaust the vaccine court process before considering traditional litigation. After the special master decides your case, you have options: accept the judgment, seek review by a judge of the Court of Federal Claims, or—in limited circumstances—reject the award entirely and file a civil lawsuit in state or federal court. Choosing to reject a VICP award and pursue traditional litigation carries significant consequences. Civil lawsuits against vaccine manufacturers are subject to strict limitations under the Vaccine Act, and proving your case in court typically requires meeting higher evidentiary burdens. This decision should only be made after careful consultation with legal representatives who understand both vaccine court and civil tort litigation strategy.
What role does the Department of Justice play in my vaccine injury case?
When you file a petition under the VICP, the Department of Justice assigns attorneys to represent the Secretary of Health and Human Services in defending against your claim. These government lawyers are experienced in vaccine injury litigation and will review your medical records, challenge your evidence, and negotiate settlements on behalf of the program. This adversarial process means that even though the VICP is a no-fault system, you are still engaged in litigation against skilled opposing counsel. Having your own experienced vaccine injury lawyer levels the playing field and ensures your interests are protected throughout discovery, settlement discussions, and any hearings before the special master.
Are childhood vaccines the only ones covered by the VICP?
No. While the program was originally established in response to concerns about childhood vaccines, the VICP now covers a broad range of vaccines administered to both children and adults. The covered vaccine list includes seasonal flu shots, HPV vaccines, hepatitis vaccines, and others commonly given to adults. The program has evolved through federal rulemaking to address new vaccines and emerging concerns about disease control. If you are unsure whether a particular vaccine qualifies for VICP coverage, consulting with an experienced vaccine injury lawyer can clarify your options. Siri & Glimstad reviews vaccination records to confirm coverage and advises clients on the best path forward for their specific situation.
