VICP Benefits Guide: Complete Overview of the National Vaccine Injury Compensation Program

Program Overview

• Established by the National Childhood Vaccine Injury Act (NCVIA) of 1986
• Began operations on October 1, 1988
• Created as a no-fault alternative to traditional litigation
• Legal fees and costs are covered by the program, not the petitioner
• Administered by the U.S. Department of Health and Human Services

Purpose

• Provides efficient compensation for vaccine-related injuries
• Ensures stable vaccine supply by reducing manufacturer liability
• Maintains public confidence in vaccination programs
• Creates streamlined alternative to traditional tort litigation

Program Coverage

Covered Vaccines

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Currently includes 16 vaccines:

• Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, Td, TT)
• Haemophilus influenzae type b (Hib)
• Hepatitis A and B
• Human papillomavirus (HPV)
• Influenza (seasonal)
• Measles, mumps, rubella (MMR)
• Meningococcal
• Pneumococcal conjugate
• Polio
• Rotavirus
• Varicella (chickenpox)
• Any combination of above vaccines

*Note: COVID-19 vaccines are currently not covered (handled under CICP)

Eligibility Requirements

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Must demonstrate:

• Receipt of a covered vaccine AND
• One of
  • Injury lasting > 6 months OR
  • Hospitalization and surgery OR
  • Death

Filing a Claim

Deadlines

• Injury claims: Within 3 years of first symptom
• Death claims: Within 2 years of death and 4 years after first symptom
• New vaccine/injury additions: Within 2 years of Table addition for injuries up to 8 years prior

Proving Your Case / Two paths to establish causation:

1. Table Injuries

• Listed in Vaccine Injury Table
• Occurred within specified timeframe
• Presumption of causation applies

2. Off-Table Injuries

• Must prove vaccine caused injury
• Requires medical records/expert testimony
• Must show:
  • Medical theory of causation
  • Logical sequence of cause and effect
  • Clear temporal relationship

Available Compensation

• Medical expenses (past and future)
• Rehabilitation costs
• Lost earnings
• Pain and suffering (up to $250,000)
• Death benefit ($250,000)
• Legal fees (if claim filed in good faith)

Program Administration

Key Organizations

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1. U.S. Department of Health and Human Services (HHS)

• Overall program administration
• Medical review of claims

2. Department of Justice (DOJ)

• Legal representation of HHS
• Legal review of claims

3. U.S. Court of Federal Claims

• Office of Special Masters (maximum 8)
• Final decision authority
• Nationwide jurisdiction

Claims Process

1. File petition with Court of Federal Claims
2. Submit documentation to HHS
3. Medical and legal review
4. Special Master decision
5. Accept/reject decision
6. Appeal rights available

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Important Information

• Attorney representation recommended but not required
• Must use VICP before pursuing civil litigation
• International claims accepted under specific circumstances
• Separate from VAERS (adverse event reporting system)
• No cost to file claim (besides $400 filing fee, which may be waived)

Get Help With Your Claim

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If you or a loved one has experienced a vaccine injury, you don't have to navigate this complex process alone. Take advantage of our free consultation to understand your rights and options.

Schedule Your Free Consultation

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Book a complementary compensation consultation to discuss your case 👇🏿

During your consultation, we will:

• Review your vaccine injury case details
• Explain your rights under the VICP
• Discuss potential compensation options
• Answer questions about the claims process
• Outline next steps if you choose to proceed

Time limits apply to vaccine injury claims, so don't delay in seeking professional guidance about your case.

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