Vaccine Injury Deadlines: What Is the Statute of Limitations Under the VICP?

Vaccines have been one of the greatest public health advancements in modern history, preventing millions from contracting once-deadly diseases. But like any medical intervention, vaccines can occasionally cause adverse reactions. In rare cases—about 1 in a million—these include serious injuries such as Guillain-Barré syndrome and Shoulder Injury Related to Vaccine Administration (SIRVA).

If you or a loved one has suffered a vaccine-related injury, you may be entitled to compensation through the National Vaccine Injury Compensation Program (VICP)—but you must act before the statute of limitations expires.

What Is the VICP’s Statute of Limitations for Vaccine Injury Claims?

The VICP enforces strict deadlines:

• For injury cases: You must file your petition within 3 years of the first symptom, onset, or significant aggravation of the injury.

• For death cases: You must file within 2 years of the date of death and within 4 years of the first symptom or aggravation of the injury that led to death.

Additionally, if a new vaccine or injury is added to the Vaccine Injury Table, you may file within 2 years of that change—if the injury occurred up to 8 years prior to the Table’s revision.

These timeframes are non-negotiable and strictly enforced.

What About Equitable Tolling or the Discovery Rule?

Unlike in traditional civil litigation, the VICP does not allow equitable tolling of its deadlines in most cases. Courts have consistently rejected attempts to extend the statute of limitations, including in cases like Mojica v. Johnson and Smith v. HHS.

The discovery rule—which delays the start of the statute of limitations until the injury is diagnosed—is also not applicable in VICP cases. Why? Because most vaccine-related injuries are documented by healthcare providers within the first six months, even if the connection to the vaccine is unclear at the time.

Ultimately, it’s your responsibility to recognize and report symptoms that may be related to vaccination. Failing to act in time could prevent you from receiving compensation—regardless of the injury’s severity.

Am I Eligible to File a Vaccine Injury Claim?

To qualify for compensation under the VICP:

• You (or your child) must have received a covered vaccine listed on the Vaccine Injury Table.

• The injury must have:

  • Lasted more than 6 months, or

  • Required inpatient hospitalization and surgical intervention, or

  • Resulted in death

Legal representatives of deceased individuals may also file claims on behalf of the estate.

Covered vaccines include:

• DTaP, Tdap, Td (Diphtheria, Tetanus, Pertussis)

• Hib (Haemophilus influenzae type b)

• Hepatitis A and B

• HPV (Human Papillomavirus)

• Seasonal Flu

• MMR (Measles, Mumps, Rubella)

• Meningococcal

• Pneumococcal (PCV)

• Polio (OPV/IPV)

• Rotavirus

• Varicella (Chickenpox)

• And others listed in the official Vaccine Injury Table

Our Expert Vaccine Injury Lawyers Can Help You File a Petition

At Shannon Law Group, P.C., we’re here to guide you through the complex legal process of filing a VICP petition. If you or someone you love suffered a vaccine injury, don’t wait until it’s too late to seek the compensation you deserve.

Call us today at (312) 578-9501 or toll-free at (866) 881-9980, or fill out our contact form below. We offer a free, no-obligation consultation and will respond promptly to your inquiry.