One of the most common questions individuals ask after learning about the National Vaccine Injury Compensation Program (“VICP”), commonly known as Vaccine Court, is:
“If my claim is successful, what compensation can I receive?”
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Unlike a traditional personal injury lawsuit, the VICP is a no-fault compensation system created by Congress to provide fair compensation to individuals who have suffered vaccine-related injuries while protecting the nation’s vaccine supply. See National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 to -34.
The Vaccine Act authorizes several different categories of compensation depending on the nature and severity of the injury.
Petitioners may recover reasonable out-of-pocket medical and rehabilitative expenses resulting from a vaccine-related injury that are not otherwise reimbursed.
Depending on the circumstances, recoverable expenses may include:
In cases involving permanent injuries, compensation may also include the projected cost of future medical care. Often, these future expenses are established through testimony from medical experts or life care planners.
See 42 U.S.C. § 300aa-15(a)(1).
If a vaccine-related injury prevents an individual from working, Vaccine Court may award compensation for lost income.
This may include:
The amount awarded depends on the evidence presented, including employment records, tax returns, wage information, vocational evidence, and expert testimony where appropriate.
See 42 U.S.C. § 300aa-15(a)(3).
The Vaccine Act authorizes compensation for a petitioner’s actual and projected pain and suffering and emotional distress resulting from the vaccine injury.
Unlike many personal injury cases, however, Congress placed a statutory cap on this category of damages.
Regardless of the severity of the injury, compensation for pain and suffering may not exceed $250,000.
See 42 U.S.C. § 300aa-15(a)(4).
In determining an appropriate award, the Special Master considers the particular facts of each case, including the severity of the injury, duration of symptoms, functional limitations, treatment required, permanency of the injury, and the overall impact on the petitioner’s quality of life.
If a covered vaccine causes death, the Vaccine Act authorizes a death benefit of $250,000, payable to the deceased person’s estate.
See 42 U.S.C. § 300aa-15(a)(2).
Certain unreimbursed medical expenses incurred before death may also be recoverable where appropriate.
One of the unique features of the Vaccine Program is that successful petitioners—and, in many cases, even unsuccessful petitioners—may recover reasonable attorneys’ fees and litigation costs.
Unlike most personal injury litigation, attorneys’ fees are not deducted from the compensation awarded to the petitioner.
Instead, provided the petition was filed in good faith and with a reasonable basis, the government typically pays reasonable attorneys’ fees and costs separately from any damages award.
See 42 U.S.C. § 300aa-15(e).
This fee-shifting provision was designed to ensure that individuals have access to qualified legal representation regardless of their financial resources.
Although the VICP provides substantial compensation, it differs from traditional civil litigation in several important respects.
For example, Vaccine Court does not award:
Because the VICP is a no-fault system, the focus is whether the vaccine caused the injury—not whether anyone acted improperly.
The compensation available in Vaccine Court is intended to make injured individuals financially whole by covering medical care, lost income, and the physical and emotional consequences of a vaccine-related injury. Every case is different, and the amount recoverable depends on the specific evidence presented regarding causation and damages.
If you believe you or a loved one may have suffered a vaccine-related injury, consulting with an attorney experienced in Vaccine Program litigation can help you understand the types of compensation that may be available and whether your claim satisfies the requirements of the Vaccine Act.
This article is intended for informational purposes only and does not constitute legal advice. Every case is different, and individuals should consult qualified counsel regarding their specific circumstances.
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