Personal Injury And Medical Malpractice Attorneys

The National Vaccine Injury Compensation Program (VICP)

by | Feb 29, 2024 | Medical Malpractice, Vaccine |

The VICP was created by the National Childhood Vaccine Injury Act of 1986, designed to ensure that vaccines remain available and affordable while also providing individuals injured by certain vaccines with compensation.

The Vaccine Injury Table sets forth covered vaccines, associated injuries, and the time in which the first symptom must manifest. If you meet the criteria of the Table, you may be compensated without having to prove a causal connection between the injury and the vaccine.

Vaccines covered by the VICP include:

  • Diphtheria and Tetanus vaccines (e.g., DTaP, DTP, DT, Td, or TT)
  • Pertussis vaccines (e.g., DTP, DTaP, P, Tdap, DTP-Hib)
  • Measles, Mumps, and Rubella vaccines (e.g., MMR, MR, M, R)
  • Polio vaccines (e.g., OPV or IPV)
  • Hepatitis A vaccines (e.g., HAV)
  • Hepatitis B vaccines (e.g.,HBV)
  • Haemophilus influenza type b vaccines (e.g., Hib)
  • Varicella vaccines (e.g., VZV) [herpes zoster (shingles) vaccine is not covered]
  • Rotavirus vaccines (e.g.,RV)
  • Pneumococcal conjugate vaccines (e.g., PCV)
  • Seasonal influenza vaccines (e.g., IIV3 standard dose, IIV3 high dose, IIV4, RIV3, LAIV3, LAIV4)
  • Human Papillomavirus vaccines (e.g., HPV)
  • Meningococcal vaccines (e.g., MCV4, MPSV4, recombinant)

If injured by a covered vaccine, file the claim in the VICP before resorting to the traditional civil tort system.

The Mechanics of Filing a Claim:

To receive compensation in the VICP, file a Petition in the U.S. Court of Federal Claims. Unlike the 2-year statute of limitations for tort actions, claims in the VICP allow for 3 years to file after the first symptom or in the case of a vaccine related death, two years from the date of death. When filing the Petition, include facts to support the assertion that the covered vaccine caused the injury. Identify the vaccine, the date the first symptom appeared, explain the nature of the injury, and set forth the treatment received. Supporting Affidavits from the Petitioner or individuals that can attest to the onset and nature of the injury are beneficial.

The Benefits of Filing in VICP:

The VICP aims to be non-adversarial and streamlined. If the Table criteria are met, causation will likely be presumed, which often means that expert medical opinion will not be required to support the claim. Compensation allows petitioners to recover up to $250,000 for pain and suffering, past and future unreimbursed medical, custodial, and rehabilitative care, and past and future lost earnings. Petitioner’s do not have to pay attorneys’ fees in the VICP, unlike traditional tort cases. Although the process can seemingly move slow, resolutions are reached, often by way of negotiated settlements. According to the Department of Justice, almost 9,500 people have been paid over $4.5 billion since the Program began in 1988.

The same benefits of filing a claim in the VICP do not exist in the Countermeasures Injury Compensation Program (CICP), which presently provides the only recourse if injured by a Covid-19 vaccine.

Contact us today if you’ve been injured by a vaccine, as you may be entitled to compensation.