National Vaccine Injury Compensation Program

Due to the passing of the National Childhood Vaccine Injury Act, the National Vaccine Injury Compensation Program was created to compensate families with vaccine injuries since they were/are no longer able to sue the manufacturer directly.

As of June 1st 2019, $4,149,443,361.57 has been paid out for Vaccine injuries.

As of September 1st 2019, $4,194,495,832.52 has been paid out for Vaccine injuries.

" What are VICP's objectives?

ensure an adequate supply of vaccines;
stabilize vaccine costs; and
establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines. "

" What is the process?

An individual files a petition with the U.S. Court of Federal Claims.
The U.S. Department of Health and Human Services medical staff reviews the petition, determines if it meets the medical criteria for compensation and makes a preliminary recommendation.
The U.S. Department of Justice develops a report that includes the medical recommendation and legal analysis and submits it to the Court.
The report is presented to a court-appointed special master, who decides whether the petitioner should be compensated, often after holding a hearing in which both parties can present evidence. If compensation is awarded, the special master determines the amount and type of compensation.
The Court orders the U.S. Department of Health and Human Services to award compensation. Even if the petition is dismissed, if certain requirements are met, the Court may order the Department to pay attorneys' fees and costs.

The special master's decision may be appealed and petitioners who reject the decision of the court (or withdraw their petitions within certain timelines) may file a claim in civil court against the vaccine company and/or the health care provider who administered the vaccine. "

In order to be compensated, ones injury must fall on the Vaccine Injury Table (found below) and they must be able to provide supporting evidence to back up their claim. In rare cases, petitioners are awarded through stipulation.

" Who Can File

You may file a petition if you:

received a Covered Vaccine and believe that you have been injured by the vaccine,
are the parent or legal guardian of a child or disabled adult who received a covered vaccine and whom you believe was injured by the vaccine, or
are the legal representative of the estate of a deceased person who received a covered vaccine and who you believe was injured by the vaccine and/or whose death you believe resulted from that vaccination.

You may file a petition regardless of your age and whether or not you are a U.S. citizen. The covered vaccine must have been given in the United States or its trust territories unless:

the person who received the vaccine was, at the time of vaccination, a U.S. citizen serving abroad as a member of the Armed Forces or as an employee of the U.S. Government, or a dependent of such a citizen; or
the vaccine’s 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 vaccination.

Severity Requirements

You can file a petition when the effects of the injury:

lasted for more than six months after the vaccination; or
resulted in inpatient hospitalization and surgical intervention; or
resulted in death.

Filing Deadlines

You must file your petition within the following timeframes:

Injury: within three years after the first symptom or manifestation of onset or of the significant aggravation of the injury;
Death: within two years of the death and within four years of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted;
Certain Vaccine Injury Table (Table) changes: two years from the date of the Table change for injuries or deaths that occurred up to eight years before the Table change. A Table change includes new vaccines or injuries added to the Table or other changes to the Table if the revision makes a petitioner eligible to seek compensation or significantly increases the likelihood of a petitioner obtaining compensation.
The Court may extend a deadline using equitable tolling in very limited circumstances."

" How to File

To be compensated by the National Vaccine Injury Compensation Program (VICP), you must file a petition with the U.S. Court of Federal Claims.

The petition is a legal document that you can prepare yourself, or hire a lawyer to prepare and file on your behalf. Because this is a legal process, most people hire a lawyer.

The Court generally will award reasonable attorneys' fees and other legal costs as long as your petition is deemed reasonable and filed in good faith.

Visit the U.S. Court of Federal Claims, Office of Special Masters for detailed information about how to submit a petition, including guidelines, sample filings and a list of attorneys who have agreed, upon request, to accept referrals in certain vaccine injury cases.

Where do you file your petition?

Submit your petition, one original and two copies, including cover sheet, medical records, and other documentation plus the appropriate filing fee to:

Clerk
U.S. Court of Federal Claims
717 Madison Place NW
Washington, DC 20439

If you are unable to pay the filing fee, call 202-357-6400. "

https://www.hrsa.gov/vaccine-compensation/index.html

https://www.hrsa.gov/vaccine-compensation/about/index.html

https://www.hrsa.gov/vaccine-compensation/eligible/index.html

https://www.hrsa.gov/vaccine-compensation/how-to-file/index.html

Vaccine Injury Compensation Data: https://www.hrsa.gov/vaccine-compensation/data/index.html

Vaccine Injury Table