Learn About Vaccine Injury Claims

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

The National Vaccine Injury Compensation Program (“VICP”) is an alternative to the traditional legal system. The VICP was born from the National Childhood Vaccine Injury Act of 1986 which was passed to eliminate vaccine manufacturer liability for vaccine injury claims.

The federal agencies that run the VICP:

• U.S. Department of Health and Human Services (HHS) is the Respondent in the case, conducts medical reviews of petitions and makes Court-ordered compensation payments
• U.S. Department of Justice (DOJ) represents HHS in Court
• Special Masters at the U.S. Court of Federal Claims (the Court) makes the final decision regarding whether a petition is compensated and the type and amount of compensation

What vaccines are covered under VICP?

Covered vaccines are those recommended by the CDC for routine administration to children or pregnant women. If your injury is the result of one of the vaccinations listed below, you may be eligible to file a petition for compensation in the Vaccine Injury Compensation Program (“VICP”):

• Diphtheria (DTP, DTaPT, Tdap, DT, Td, TT)
• Haemophilus Influenza (Hib)
• Hepatitis A
• Hepatitis B
• Human Papillomavirus (HPV)
• Influenza, seasonal (FLU)
• Measles
• Mumps
• Meningococcal
• Pertussis
• Pneumococcal conjugate
• Polio
• Rotavirus
• Rubella
• Tetanus
• Varicella

You may also be eligible to file a petition in the VICP if you received a vaccine on this list and a vaccine that is not on this list and both vaccines were administered into the same arm. If you are injured by a vaccine that is not on this list, you may still be able to file a claim in state or federal court.

What vaccines are NOT covered under VICP?

These vaccines are not covered under VICP:

• Non-seasonal influenza vaccines
• Pneumococcal polysaccharide vaccines (PPSV, PPV)
• Herpes Zoster (shingles) vaccine
• COVID – 19 Vaccines

What are the VICP requirements for filing a claim?

• An injury lasting more than 6 months OR
• An injury requiring inpatient hospitalization and surgery OR
• Death

In order to be eligible to file a claim in the VICP, the vaccine administered must be one that is listed on the Vaccine Injury Table. While most of the common vaccines are listed on the Vaccine Injury Table there are several vaccines that are not listed so it is important to make sure the vaccine is covered prior to filing a claim in the VICP.

United States citizenship is not required to bring a claim under the VICP, however, the injured person must have one of the following apply:

• received the vaccine in the United States
• been a United States citizen serving abroad for the armed forces or other United States governmental entity
• the company that manufactured the vaccine was in the United States, and the injured person returned within six months from receiving the vaccine to the United States

Who can file a claim?

• An individual injured by a covered vaccine OR
• A parent or legal guardian of a child or disabled adult injured by a covered vaccine OR
• The legal representative of the estate of a deceased person injured by a covered vaccine

Who are the parties involved in a vaccine injury case?

When cases are filed in the VICP, they are not filed against the:

• manufacturer
• vaccine administrator
• doctor
• pharmacist
• pharmacy
• hospital, etc.

In VICP cases, the injured individual or their representative is referred to as the petitioner (injured party) and the U.S. Department of Health and Human Services is the respondent.

Attorneys from the U.S. Department of Justice represent the U.S. Department of Health and Human Services and defend vaccine injury cases brought in the VICP.

What do I need to file a claim in the VICP?

To initiate a claim in the VICP, a Petition is filed with the Clerk of Court of the U.S. Court of Federal Claims in Washington, D.C.

The petition contains information about the person who was injured, the vaccine(s) that caused the injury, when the vaccine was administered, describes the injury, describes when the symptoms began, how long the symptoms and injury lasted, etc.

Medical Records:

• Prenatal and Birth Records (for children who were injured before the age of 3 years old)
• Medical records from 3 years prior to vaccination
• Vaccination Record
• Post-Injury Hospital or Emergency Room Records
• Post-injury Outpatient Records
• Vaccine Adverse Event Reporting System (VAERS) Report (if applicable)
• Other record such as educational records, police report, EMS records, etc. (if applicable)
• Death Records – Death certificate, Autopsy Report, Autopsy Slides

What types of damages are available for vaccine injury claims?

Damages for Vaccine Related Injury:

• Out-of-pocket expenses
• Lost wages
• Pain and suffering up to $250,000
• Future care
• Reasonable attorneys’ fees and costs

Damages for Vaccine Related Death:

• The estate can be awarded a death benefit up to $250,000
• In some cases, pain and suffering is awarded up to $250,000

What is the difference between table injury and off-table injury?

There are two types of claims that can be brought in the VICP, an On-Table Injury and an Off-Table Injury. If an individual received a vaccine listed on the Vaccine Injury Table, suffered an injury listed on the Vaccine Injury Table for that vaccine, and the injury occurred in the timeframe specified on the Vaccine Injury Table for that particular injury, causation is presumed. In absence of a valid alternative cause the individual will likely receive compensation for the injury. This type of claim is often referred to as an On-Table Injury or Table Injury. It is important to note that medical records are critical and there is a certain severity requirement that must be met in order to be eligible to receive compensation.

When an individual receives a vaccine that is listed on the Vaccine Injury Table but suffers from an injury not listed on the table (or suffers from an injury listed on the Vaccine Injury Table but outside of the specified time period on the Vaccine Injury Table for that particular injury), the case is considered to be an Off-Table Injury. An Off-Table Injury case is one where the individual will have to prove that the vaccine caused the injury.

Proving vaccine injury causation typically requires retaining experts to discuss the medical theory as to how the vaccine can cause the injury, explaining how the vaccine caused the injury in the individual’s case, and explaining that the onset of the injury occurred within a medically appropriate timeframe. While not required, medical literature is often used by experts to support their opinions.

With the exception of the oral rotavirus vaccine and the oral polio vaccine, SIRVA is listed on the Vaccine Injury Table as an adverse event that can occur from the administration of every other covered vaccine. In most cases, SIRVA injury cases are Table Injury cases, however, there are plenty of SIRVA cases that fall into the Off-Table Injury category and that have to be proven with expert testimony.

Do I Need An Attorney?

The benefit of having quality legal representation for your vaccine injury case cannot be overstated. The Vaccine Injury Attorneys of Siri & Glimstad are nationally recognized for their practice in vaccine injury law. We have an entire department of dedicated professionals ready to represent people who have been injured by vaccines. Our curated team is comprised of attorneys and support staff with unique and highly specialized skills that enable us to provide aggressive and competent representation for our clients.

We believe that your relationship with your attorney is just as important to your process as your attorney’s legal skills. If you are reading this, chances are you or someone you love may be enduring one of the most physically and emotionally difficult times in their life. Respect and compassion are fundamental to our practice. We understand that clear and frequent communication are paramount to the client experience. You will have highly personalized, transparent representation with direct access to an attorney during all stages of your case. Every single client is a priority.

You are not required to have an attorney to file a petition in the VICP. However, submitting a vaccine injury claim is a litigative process. Your petition will be presented to attorneys from the U.S. Department of Justice who represent the U.S. Department of Health and Human Services.

It is strongly recommended that individuals seeking to file a claim in the VICP contact an attorney as soon as possible. Contacting an attorney right away helps to ensure that necessary evidence is obtained and preserved, that the claim will be timely filed and that the specific VICP rules and processes are followed.

The VICP awards attorneys’ fees and costs as part of the allowable damages in VICP cases so attorneys’ fees and costs do not come out of any award you may receive. While some firms may request that the individual pay costs of the litigation, no firms can ask a client to pay legal fees.

The Vaccine Injury Attorneys of Siri & Glimstad cover all costs of the litigation. There are no legal fees or costs paid by an individual when they retain Siri & Glimstad LLP to represent them in a VICP case.

If you or a loved one is suffering from an injury or any other illness or injury that you believe was caused by a vaccine, contact us today.