While vaccines are a vital part of public health, not every vaccine is safe for every person. In rare cases, a patient can sustain an injury after vaccination. Before the creation of the National Vaccine Injury Compensation Program (VICP), tort claims for vaccine injury threatened the availability of and trust in vaccines. What Congress intended the VICP to do was create a no-fault alternative to civil litigation.
The Vaccine Injury Compensation Program (VICP) began accepting petitions, or claims, in 1988 and has remained an alternative source of compensation for vaccine injuries. Inferences about the safety of vaccines should not be made from the statistics of claim settlement; the VICP does not determine if the vaccine caused the injury, but allows for a quick resolution of a petition.
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The National Childhood Vaccine Injury Act was signed by Congress in 1986 and established the VICP to secure a sufficient amount of necessary vaccines, stabilize the costs, and create and maintain an accessible forum for those injured by vaccines. In fiscal year 2025, approximately 1,300 claims were filed under the VICP.
Paid for by an excise tax of $0.75 on each vaccine the CDC recommends in the routine schedule for children and/or pregnant people, the Vaccine Injury Compensation Trust Fund provides an efficient route to settlement while protecting the Nation’s public health.
To determine if your vaccine injury case is eligible for compensation under the VICP, you should consult the Vaccine Injury Table. This table includes and explains injuries that are likely or expected to be caused by certain vaccines. Because the VICP is a no-fault compensation program, the petitioner only needs to show that they received a covered vaccine and sustained an injury listed on the Vaccine Injury Table.
The VICP’s eligibility was expanded by the 21st Century Cures Act to include vaccines suggested by the CDC to administer to pregnant people. Claims can be filed for injuries sustained during pregnancy or for those suffered by a child who was in utero when the vaccine was taken.
If you or a dependent has sustained an injury after vaccination, there is a standardized process to petition for compensation:
The decision made by the Special Master can be appealed, and petitioners who choose to withdraw their petition within a certain timeframe or reject the decision made can file a civil claim. The petition itself is a legal document that you may assemble yourself or hire a lawyer to assist.
Because the petition process is complex and can take an average of two to three years from filing to payment, most petitioners hire a vaccine injury lawyer. The VIP Bar Association assists those filing a vaccine injury claim, as well as their legal counsel. Our team includes vaccine injury attorneys from across the country, who are dedicated to pursuing fair and full compensation under the VICP.
A vaccine injury lawyer can assist with the complicated and nuanced process of filing a petition. We can help you, as a client or attorney, understand the filing requirements, negotiate a settlement, calculate compensation, or take your vaccine injury case to The Vaccine Court in Washington, DC.
Congress’s primary purpose in creating the VICP was to reduce liability for vaccine manufacturers and maintain vaccine supply, while providing an avenue for compensation in the rare cases of vaccine-related injury. Settlement offers a quicker route to compensation and stabilizes vaccine costs while centralizing the claim process for vaccine-related injuries.
The VICP was designed to balance compensation for injured individuals with vaccine availability and public health goals by creating the Vaccine Injury Compensation Trust Fund. It is funded by an excise tax on each vaccine dose that is suggested by the CDC for routine administration to children and/or pregnant people.
This covers compensation for vaccine-related injuries while maintaining costs for vaccine manufacturers. It keeps life-saving vaccines available and helps maintain public trust.
The problems in the civil court that the VICP attempted to address are twofold. Firstly, many manufacturers ceased production of certain vaccines after losing civil cases for large settlements, which threatened public health goals. Secondly, the decentralized civil court system meant claims had no consistency. The VICP created a no-fault system that expedited and standardized compensation claims for vaccine injuries.
Congressional intent influences how VICP claims are evaluated and decided today by the use of the Vaccine Injury Table. This table shows injuries or conditions that are presumed to be caused by covered vaccines. If a claim fits the criteria, it streamlines the process, and the burden to prove otherwise falls on the government. This no-fault system is faster and more generous than the civil court process and helps maintain the vaccine supply for public health.
If you or a dependent was injured after receiving a vaccine, the team at the Vaccine Injured Petitioners Bar Association wants to help connect you with the right legal counsel. Alternatively, if you are assisting a vaccine-injured petitioner, we have resources to assist with building the strongest case for your client. Reach out today to find the resources and community you need.
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