“What You Need to Know About the National Vaccine Injury Compensation Program” is a free resource from the U.S. Health Resources & Services Administration (HRSA) that contains lots of useful information for people who are coping with the effects of serious vaccine-related injuries and illnesses. It is available in both English and Spanish, and it focuses specifically on the process of filing a claim under the National Vaccine Injury Compensation Program (VICP). Here, national vaccine injury attorney Leah V. Durant discusses some of key information about the VICP claim process:

What is the VICP and How Does it Work?

The National Vaccine Injury Compensation Program (VICP) is a federal program that serves as a source of financial recovery for individuals and families who are coping with the effects of serious vaccine-related injuries and illnesses. Congress created it in the 1980s to help preserve vaccine availability, after some pharmaceutical manufacturers reportedly stopped creating diphtheria, tetanus and pertussis (DTP) vaccines in response to lawsuits alleging serious side effects related to children’s immunizations.

Seeking financial compensation under the VICP still involves going to court, but the process is very different from filing a lawsuit against a pharmaceutical manufacturer. As the HRSA explains:

“[A] claim must be filed by or on the behalf of the individual thought to be injured by a vaccine covered by the VICP. A claim is started by filing a legal document called a petition that is prepared by you or your lawyer to request compensation under the VICP. . . . The only form required is the Court’s cover sheet for the claim. . . .”

All VICP claims are handled by the U.S. Court of Federal Claims (also known as the “Vaccine Court”) in Washington D.C. The person who files a claim is referred to as the “petitioner,” while the U.S. Department of Health and Human Services (HHS) serves as the “respondent” in the lawsuit. The HHS is represented by an attorney from the U.S. Department of Justice (DOJ) throughout the process; and, in many cases, resolving a VICP claim will involve negotiating a settlement with the DOJ’s attorney.

Which Vaccines Does the VICP Cover?

The VICP currently covers most vaccines recommended for routine administration to children and adults in the United States, with the exception of the COVID-19 vaccine (COVID-19 vaccine claims currently fall under the Countermeasures Injury Compensation Program (CICP)). Covered vaccines include:

  • Diphtheria, tetanus and pertussis (DTP, DTaP, Tdap, DT, Td, or TT)
  • Haemophilus influenzae type b (Hib)
  • Hepatitis A
  • Hepatitis B
  • Human papillomavirus (HPV)
  • Influenza (flu shot)
  • Measles, mumps and rubella (MMR)
  • Meningococcal (MCV4, MPSV4, MenB-FHbp, MenB-4C)
  • Polio (OPV or IPV)
  • Pneumococcal conjugate (PCV)
  • Rotavirus
  • Varicella (chickenpox)

While the VICP covers all medical conditions caused by these vaccines, it also identifies certain conditions as “on table” injuries. This is a reference to the Vaccine Injury Table, which lists the vaccines covered under the program. “On table” injuries are among the most common vaccine-related medical conditions; and, when filing a VICP claim for one of these conditions, proof of causation is not required. This removes a significant barrier to seeking just compensation. While specific “on table” injuries vary between the VICP’s covered vaccines, common “on table” conditions:

Who Can File a VICP Claim?

Anyone who is coping with the effects of a serious injury or illness related to one of the vaccines listed above may be eligible to file a VICP claim. This includes not only vaccine recipients, but also parents and other family members.

With that said, one of the keys to filing a successful claim is being able to prove your eligibility, and this is one of many areas where an experienced vaccine injury attorney can help. As the HRSA explains in “What You Need to Know About the National Vaccine Injury Compensation Program,” filing a successful claim requires various forms of documentation. Your attorney will be able to assist with gathering all of the documentation you need to file your claim, and then your attorney will be able to present this documentation to the Vaccine Court (and in settlement negotiations) on your behalf.

How Long Do You Have to File a VICP Claim?

The VICP has separate filing deadlines for non-fatal and fatal vaccine-related medical conditions. For individuals and family members who are seeking compensation for non-fatal vaccine-related medical conditions, the filing deadline is three years from the onset of symptoms. In cases involving fatal vaccine-related medical conditions, family members must file their claims within two years of the date of death and within four years of the onset of symptoms.

Do You Need an Attorney to File a VICP Claim?

Technically, you are not required to hire a vaccine injury attorney to represent you when you file a claim under the National Vaccine Injury Compensation Program (VICP). But, as the HRSA explains, “since this is a legal process, most people use a lawyer.” As the HRSA also explains, you can hire a lawyer to handle your claim at no cost, as, “the VICP will pay your lawyer’s fees and other legal costs related to your claim, whether or not you are paid for a vaccine injury or death.”

Given the complexities of the VICP claim process and the availability of no-cost legal representation, there is no reason not to have an experienced attorney on your side. If you need to know more about filing a VICP claim, we encourage you to schedule a free, no-obligation consultation at Law Offices of Leah V. Durant & Associates.

Request a Free VICP Consultation with National Vaccine Injury Attorney Leah V. Durant

Do you have questions about filing a claim under the National Vaccine Injury Compensation Program (VICP)? If so, we invite you to get in touch. To request an appointment with national vaccine injury attorney Leah V. Durant, please call 202-775-9200 or tell us how we can reach you online today.