Answering Your Most Frequently Asked Vaccine Injury Questions

At Shannon Law Group, we receive calls every day from people across the United States who have suffered an adverse reaction or injury to a vaccination.

That why we compiled this list of the top ten frequently asked questions regarding vaccine injury compensation. Feel free to share this guide with friends, family, and other people to learn more about the Vaccine Injury Compensation Program.

Vaccine Injury Claim FAQ

#1: What is the National Vaccine Injury Compensation Program?

In 1986 Congress passed the National Childhood Vaccine Injury Act. Fundamentally, the Act’s purpose was to ensure that the public had continued access to vaccines. The Secretary of Health and Human Services created the National Vaccine Injury Compensation Program (VICP) to achieve that goal.

The VICP created an arena for those injured by vaccines to petition the government for compensation without having to prove fault against a vaccine manufacturer or physician. Those injured by covered vaccines could not file suit against a manufacturer before first exhausting their remedy in the VICP.

#2: Who Runs the VICP?

The Secretary of Health and Human Services (HHS) runs the VICP. They act as the “Respondent” for each petition filed with the Program. HHS is represented by an attorney from the Department of Justice (DOJ). HHS reviews each petition filed with VICP and, together with the DOJ attorney, files a report indicating whether they concede or dispute the alleged vaccine injury.

#3: Is There a Time Limit to File a Claim?

In the VICP, to satisfy the statute of limitations, a petition alleging a vaccine injury must be filed within three (3) years after the first symptom or manifestation of onset or significant aggravation of the injury.[1] In the case of death caused by a vaccine, the statute of limitations prevents the filing of petitions after two (2) years from the date of death. Id.

#4: Which Vaccines Are Covered?

The following vaccinations are covered in the Vaccine Injury Compensation Program:

• Diptheria (DTP, DTaP, Tdap, DT, Td, TT)
• Haemophilus influenza type b polysaccharide conjugate vaccines (Hib)
• Hepatitis A (HAV)
• Hepatitis B (HBV)
• Human papillomavirus (HPV)
• Seasonal influenza (Flu)
• Measles (MMR)
• Mumps (MMR, MR, M)
• Meningococcal (MV4, MPSV4, MenB-FHbp, MenB-4C)
• Pertussis (DTP, DTaP, Tdap)
• Pneumococcal conjugate (PCV)** (Note: Only vaccines recommended for children are covered.)
• Polio (OPV, IPV)
• Rotavirus (RV)
• Rubella (MMR, MR, R)
• Tetanus (Td)
• Varicella (VAR)

#5: Does It Matter Where I Received the Vaccine?

The general rule for people filing petitions with the VICP is that the vaccine must have been administered in the United States. This criterion is valid regardless of whether the petitioner is a US citizen.

There are two exceptions to the above rule. One applies to US citizens stationed abroad. The second exception applies if the vaccine manufacturer was located in the United States, and the person who received the vaccine returned to the United States within six months after the date of the vaccination.

#6: What is the Vaccine Injury Table?

The Vaccine Injury Table is a list of criteria that sets forth the covered vaccines and associated injuries. Your injuries or conditions are presumed to be caused by vaccines if your injury meets said criteria.

If your injury or condition is not on the Table or if your injury or condition did not satisfy the Table’s criteria, you must prove that the vaccine caused the injury or condition.

#7: What Do I Need to File?

Every case begins with the filing of a petition. The petition should tell the court and the Special Master everything it needs to know about the specific vaccine injury allegation. Each petition should be accompanied by medical records, an affidavit from the petitioner, and any other records or reports necessary to prove entitlement.

#8: Who Decides If I Am Entitled to Compensation?

Depending on whether your case is a “Table case” or “Off-Table case,” HHS will either concede or dispute your entitlement to compensation based on the evidence submitted with your petition. If HHS disputes your entitlement to compensation, a hearing could occur before the Special Master. He or she decides whether a petitioner has met his or her burden of proof for entitlement to compensation.

#9: What Compensation Is Available?

There are four categories of damages available under the Act.

1. Pain and suffering (capped at $250,000)
2. Lost wages (including future wages)
3. Past out-of-pocket medical expenses
4. Future medical needs

#10: Do I Need an Attorney?

You do not need an attorney to file a petition with the VICP. The Program accepts petitions filed pro se. When filing pro se, a petitioner is responsible for compliance with all of the rules governing the Program, including paying the fees associated with the filing.

However, it is strongly encouraged to retain an attorney to pursue a claim in the VICP. Why? Because it’s free. The VICP Fund pays attorneys for their fees and costs.

Want to Learn More About the VICP? Get a Free Copy of Our Book Today

In our book Understanding the VICP, vaccine injury attorney Jonathan Svitak explains everything you need to know about the Vaccine Injury Compensation Program. He explores the process of a vaccine injury claim in the Program and how it resolves. Get a free digital copy here. 

Want a print copy? Just text “VICP” to (312) 847-2428, and we’ll send one to you for free–no questions asked.

[1]42 USC. § 300aa-16 (1986).