Background and History of the VICP

The Vaccine Injury Compensation Program (VICP) is a vital federal program designed to provide compensation to individuals who have been injured by certain vaccines. Whether you are a vaccine injury petitioner or an attorney seeking guidance on vaccine litigation, it is important to understand the origins, structure, and scope of the VICP.

Formation and Purpose

The VICP was established on October 1, 1988, following the passage of the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34). This legislation was enacted in response to growing concerns over vaccine supply, rising litigation costs, and the need for an efficient mechanism to handle vaccine-related injury claims. The purpose of the VICP is to ensure that vaccines remain accessible and affordable, while also providing a fair and expedited forum for individuals who suffer injuries from certain covered vaccines. Unlike traditional civil litigation, the VICP operates as a no-fault alternative to the tort system, allowing injured individuals to seek compensation without the need to prove negligence.

Administration and Operation

The VICP is administered through the collaborative efforts of three federal entities:

• The U.S. Department of Health and Human Services (HHS), which reviews medical documentation and makes preliminary recommendations on claims.
• The U.S. Department of Justice (DOJ), which represents HHS in legal proceedings.
• The U.S. Court of Federal Claims, through its Office of Special Masters, adjudicates claims and issues final decisions.

Since its inception, the program has provided billions of dollars in compensation to individuals and families affected by vaccine-related injuries or deaths.

Funding and the Trust Fund

The VICP is funded through the Vaccine Injury Compensation Trust Fund, which was established to ensure the program’s financial sustainability. The Trust Fund is financed by a $0.75 excise tax imposed on each dose of vaccine recommended by the CDC for routine administration to children. This tax is assessed per disease covered by the vaccine. For example, the MMR vaccine (which protects against measles, mumps, and rubella) is taxed at $2.25 per dose. Influenza vaccines are taxed at $0.75 per dose.

The tax is collected by the U.S. Department of the Treasury, which also manages the investment of the Trust Fund. As of May 2024, the Trust Fund held over $4.5 billion, ensuring the continued availability of compensation for petitioners.

Founding of the Vaccine Injured Petitioners Bar Association

The Vaccine Injured Petitioners Bar Association (VIPBA) was established in January 2010 to promote collaboration among legal professionals representing individuals in the VICP. VIPBA serves as a vital resource for both attorneys and petitioners, offering advocacy, legal support, and education to ensure high-quality representation in vaccine injury claims.

Covered Vaccines

The VICP covers vaccines listed on the official Vaccine Injury Table, which identifies the vaccines eligible for compensation and the injuries presumed to be associated with them. If a vaccine is not listed on the Table, it is not covered by the program. Covered vaccines include:

• Tetanus toxoid-containing vaccines (DTaP, DTP, DT, Td, TT)
• Pertussis-containing vaccines (DTP, DTaP, Tdap)
• Measles, mumps, and rubella (MMR)
• Poliovirus vaccine
• Hepatitis A and B
• Haemophilus influenzae type b (Hib)
• Varicella (chickenpox)
• Rotavirus
• Pneumococcal conjugate vaccines
• Seasonal influenza
• Meningococcal vaccines
• Human papillomavirus (HPV) vaccines

To view the full Vaccine Injury Table, visit: https://www.hrsa.gov/sites/default/files/vaccinecompensation/vaccineinjurytable.pdf

Statute of Limitations

Claims must be filed within specific timeframes to be eligible for compensation:

• Injury claims must be filed within 3 years after the first symptom or significant aggravation of the injury.
• Death claims must be filed within 2 years of the date of death and within 4 years of the first symptom or aggravation of the injury that led to the death.

There is no discovery rule or tolling for minors under the VICP. The statute of limitations is strict and only subject to tolling in extremely limited circumstances.