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How to File a VICP Claim: Step-by-Step Guid

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How to File a VICP Claim: Step-by-Step Guid
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Last Modified on Jun 08, 2026

Across the United States, millions of individuals place their trust in vaccines and immunizations both for themselves and for their children. These vital tools of modern medicine help protect us from preventable health conditions and diseases, and while they are an essential part of public health, they can also cause serious injuries and may even be deadly.

The VICP, or the Vaccine Injury Compensation Program, is a federal program that offers compensation to victims of serious injuries caused by vaccines. Knowing how to file a VICP claim is essential.

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How to File a VICP Claim in 2026

Every year, American infants who are one year old or younger receive more than 10 million vaccinations across the country, and very few result in injuries. However, in a nearly twenty-year period, over five billion doses of covered vaccines were distributed across the country, and for every one million doses, approximately one case was compensated for related injuries.

If you or a loved one has suffered a vaccine injury, understanding how to file a claim is essential. Likewise, if you are an attorney handling such a claim on behalf of a client, the Vaccine Injured Petitioners Bar Association is here to guide you through the necessary steps. The steps of a successful vaccine injury claim include the following:

  • Gathering evidence. Before a claim can actually be filed, it is necessary to collect certain forms of evidence that can support a vaccine injury claim. These forms of evidence can include all related medical records, proof of expenses and lost earnings, and statements made by your healthcare providers in relation to your injury. This evidence will be the foundation of your claim.
  • Filing the claim. The attorney will then need to file a petitioner’s claim with the U.S. Court of Federal Claims, and then the U.S. Department of Health and Human Services (HHS) will analyze it. Once this has occurred, a judge, referred to as a “Special Master,” will review the petition, associated medical records, and any other evidence that can link your injury to a vaccine covered under the VICP.
  • Proving causation. An attorney can work alongside medical and economic professionals to show a direct relationship between the injury and the vaccine. The court will have strict standards when it comes to witness statements and professional reports, and the Vaccine Injured Petitioners Bar Association can offer advice to clients and attorneys alike on how to correctly follow these standards.
  • Securing compensation. Finally, once the Special Master has reviewed your petition, the attorney can press for full and fair compensation under the federal system, including compensation for treatment, rehabilitation, and the loss of future income. Should negotiations prove unsuccessful in reaching a fair settlement, an appeal may be necessary to the U.S. Court of Federal Claims.

Who Qualifies for Compensation for a Vaccine Injury?

Three factors are considered when determining an individual’s eligibility under the Vaccine Injury Compensation Program. These factors include the kind of vaccine that was received, the seriousness of your reaction, and when the claim was filed. It’s important to note that only certain vaccines are covered under the VICP, including:

  • Hepatitis A and B vaccines
  • Human papillomavirus, or HPV vaccines
  • Mumps vaccines
  • Measles vaccines
  • Meningococcal vaccines
  • Tetanus vaccines
  • Rubella vaccines
  • Polio vaccines
  • Rotavirus vaccines
  • Varicella virus
  • Pneumococcal conjugate, or PCV vaccine
  • Diphtheria vaccines, including DTP, DTaP, and Tdap
  • Seasonal flu vaccines

Claims for compensation under the VICP in relation to these covered vaccines often include injuries such as:

  • Severe allergic reactions, such as anaphylaxis
  • Chronic pain or neurological symptoms that follow the administration of the vaccine
  • Guillain-Barré Syndrome, or GBS
  • Shoulder injuries related to vaccine administration, or SIRVA
  • Any kind of condition that has required surgery, hospitalization, long-term treatment, or has resulted in the death of the victim

If you or a loved one has suffered any of these injuries following the administration of a covered vaccine, or you are an attorney representing an injured client, the Vaccine Injured Petitioners Bar Association is here to help. Our main purpose is to assist petitioners and attorneys through the rigorous process of filing a claim under the VICP, working to have their stories heard, and working to obtain compensation for victims of injury.

FAQs

What Must a Vaccine Injury Petition Include?

There are several things a vaccine injury petition should include. The petition should set forth the date and place of the vaccination, the name of the victim who received the vaccine, the resulting injury, a specific description of the injury, and whether or not the injury that has allegedly occurred was from a vaccine covered by the VICP.

Is SIRVA the Most Commonly Compensated Vaccine Injury?

SIRVA, or shoulder injuries related to vaccine administration, are some of the most commonly compensated vaccine injuries. This is because SIRVA is easily documented and diagnosed, and is tied directly to the technique of vaccine injection used, not the contents of the vaccine. These injuries typically occur following a flu shot.

What Happens If a VICP Claim Is Not Successful?

If a claim for vaccine injury under the VICP is unsuccessful, there are legal options available. You could file an appeal through the federal court system. In certain cases, you may be able to qualify for the reimbursement of any legal fees if your claim was filed in good faith and was supported with a reasonable basis. In cases of legitimate injuries, the federal government may cover attorney costs so that individuals do not feel discouraged from pursuing justice.

How Much Compensation Can I Recover for a Vaccine Injury?

The amount of compensation you can recover for a vaccine injury is directly impacted by the severity and extent of your injury. Compensation for a vaccine injury in the United States can include all related medical costs, lost income, future lost earnings, and rehabilitation. The amount of compensation will reflect the seriousness of your injury and lasting condition.

Hire a Vaccine Injury Lawyer Today

If you have suffered a vaccine injury, now is the time to hire a vaccine injury lawyer. Additionally, if you represent a vaccine injury client, the team at the Vaccine Injured Petitioners Bar Association is here to help. Our national association of attorneys has been dedicated to helping those harmed by vaccines since 2010. We are compassionate advocates who can guide you through the VICP claim process. Contact us today to learn more about our services.

News & Publications

Surge in Vaccine Lawsuits Forces Biden Admin to Hire More Attorneys
Surge in Vaccine Lawsuits Forces Biden Admin to Hire More Attorneys
Shoulder Injuries Now Included in Vaccine Compensation Program
Shoulder Injuries Now Included in Vaccine Compensation Program
You can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects. The government likely won’t compensate you for damages either
You can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects. The government likely won’t compensate you for damages either
'The worst possible time': HHS gives cold shoulder to victims of common vaccine injury
‘The worst possible time’: HHS gives cold shoulder to victims of common vaccine injury