Vaccine & Immunization Legislative Advocacy

Vaccine & Immunization Legislative Advocacy

The Vaccine Injured Petitioners Bar Association (VIPBA) is the only national legal association dedicated to representing individuals and families who seek compensation through the National Vaccine Injury Compensation Program (VICP). The VICP plays a vital role in maintaining public confidence in the vaccine system by providing a no-fault forum for individuals who experience rare but serious adverse events following vaccination. VIPBA supports the fundamental purpose of the Program and believes it can be strengthened through targeted legislative reform.

While the VICP has helped thousands of individuals over the years, our members—attorneys who represent petitioners in these cases—have observed areas where the Program has not kept pace with modern demands. In some cases, injured individuals face extended delays, outdated compensation caps, or procedural challenges that make access to justice more difficult than it should be. These drawbacks, though not reflective of the entire system, highlight important opportunities for reform. VIPBA is committed to working constructively with lawmakers, federal agencies, and stakeholders to address these issues and improve the Program’s effectiveness for future petitioners.

Who We Represent?

VIPBA advocates on behalf of children, adults, and families who experience serious vaccine-related injuries and turn to the VICP for support. Our mission is to ensure that every petitioner is treated fairly, receives timely adjudication, and is awarded compensation that reflects the reality of their injury. Whether the case involves Guillain-Barré syndrome, shoulder injuries, chronic neurological complications, or other covered conditions, our attorneys work to help clients navigate a complex legal and medical process with dignity and professionalism.

Our Legislative Agenda

1. 1. Improve Case Processing
      We support increasing the number of Special Masters—judges who adjudicate VICP cases—to help reduce delays and ensure that cases are resolved in a timely and efficient manner. While case filings have increased over the last ten years, the number of special masters to handle the cases have not.
   2. Update Compensation CapsThe statutory caps on pain and suffering and death benefits have not been updated since the 1980s. Adjusting these amounts to reflect current economic conditions would bring greater fairness and modern relevance to the Program.
   3. Extend the Statute of LimitationsThe current filing deadlines—three years for injury cases and two years for death cases—can sometimes bar otherwise meritorious cases, especially where diagnosis is delayed or awareness of the Program is limited.
   4. Enhance Transparency and ReportingWe support measures requiring the Department of Health and Human Services to publish regular reports on case volumes, average resolution times, award trends, and updates to the Vaccine Injury Table. Increased transparency promotes accountability and public trust.
   5. Streamline Injury Table UpdatesWhen the CDC recommends a new vaccine for routine administration, or when data supports inclusion of a new injury, the Program should have clear and prompt procedures for updating the Injury Table—ensuring that coverage evolves in step with science and public health policy.
   6. Add COVID-19 Vaccine Injury Cases to the VICPVIPBA strongly supports the inclusion of COVID-19 vaccine-related injuries within the National Vaccine Injury Compensation Program. Currently, these cases are processed under the Public Readiness and Emergency Preparedness (PREP) Act and the Countermeasures Injury Compensation Program (CICP), which lacks many of the procedural safeguards and transparency mechanisms of the VICP. Transferring jurisdiction to the VICP would provide greater access to legal representation, due process, and consistent compensation standards—ensuring individuals who experience rare adverse reactions to COVID-19 vaccines are treated with fairness and dignity.

Leadership in Advocacy: Renée J. Gentry, Esq.

VIPBA is proud to have Renée J. Gentry, Esq., as a member of our Board and our Legislative Advocacy Liaison. Ms. Gentry is a nationally recognized leader in vaccine injury litigation and serves as the Director of the Vaccine Injury Litigation Clinic at The George Washington University Law School. In 2024, she testified before the U.S. House Select Subcommittee on the Coronavirus Pandemic, advocating for modernization of the VICP and highlighting how delays and outdated provisions affect real families seeking help. Her expertise and leadership are instrumental in shaping VIPBA’s advocacy agenda and ensuring that petitioner perspectives are heard at the highest levels of government.

Our Commitment

VIPBA fully supports the continued existence and success of the VICP. We believe that with thoughtful legislative improvements, the Program can fulfill its original mission more effectively—offering swift, fair, and compassionate resolution to those injured by vaccines. Our efforts are not about criticizing the system but about improving it for the benefit of future petitioners and public health alike.

Join the Effort

We invite policymakers, health professionals, legal advocates, and members of the public to support our efforts to modernize the VICP. Whether through legislative outreach, public education, or professional collaboration, we welcome all voices committed to strengthening the Program.

To learn more about our legislative priorities or to get involved, please contact us at advocacy@vipbar.org.

Current Legislation the VIPBA Supports

VIPBA strongly supports the Vaccine Injury Compensation Modernization Act, introduced in August 2023 by Representatives Lloyd Doggett (D‑TX), Fred Upton (R‑MI), and Mike Kelly (R‑PA), and currently under review in the House Energy & Commerce Committee. This bipartisan legislation represents a comprehensive and long-overdue effort to modernize and strengthen the VICP. The bill aligns directly with VIPBA’s reform priorities and, if passed, would significantly improve the fairness, efficiency, and reach of the Program.
Key features of the bill include:

1. 1. • Enhancing judicial capacity
        Raises the number of Special Masters (the judges overseeing VICP cases) to a minimum of 10—boosting the Program’s ability to resolve cases more efficiently.
      • Modernizing compensation
        Increases the cap on awards for pain and suffering, emotional distress, and death from $250,000 to $600,000, with automatic annual adjustments tied to inflation.
      • Extending the statute of limitations
        Expands the filing window from three years to five years after injury onset, giving petitioners the time needed to seek counsel and documentation.
      • Accelerating updates to the Injury Table
        Currently, the process of adding a newly recommended vaccine or recognized injury to the VICP’s Vaccine Injury Table can take years—often leaving individuals with valid injuries ineligible for presumptive coverage. The bill requires the Department of Health and Human Services (HHS) to initiate a rulemaking process within six months whenever a new vaccine is recommended by the CDC or a new injury is scientifically linked to an existing covered vaccine. This reform ensures that the Injury Table stays current with evolving science and public health guidance, reducing uncertainty for petitioners and preserving the Table’s intended function: to simplify and expedite compensation for known injuries.
      • Broadening adult vaccine coverage
        Under current law, the VICP generally covers vaccines recommended for routine use in children and pregnant individuals. This leaves many adult-only vaccines—such as those for shingles, hepatitis B, or pneumonia—outside the Program’s scope. The bill expands coverage to include vaccines recommended by the CDC for routine administration in adults, closing a significant protection gap. This change promotes equity for all age groups and ensures that adults injured by recommended vaccines are not left without recourse.
      • Including COVID-19 vaccine injury cases
        At present, COVID-19 vaccine injury cases are handled by the Countermeasures Injury Compensation Program (CICP), which lacks core procedural protections available under the VICP—such as hearings, appeals, legal representation, and publicly available decisions. The legislation would direct HHS to transfer COVID-19 vaccine injuries into the VICP and to add those vaccines to the Injury Table. Doing so would provide claimants with access to a more transparent, petitioner-focused system and the due process protections they deserve. This reform is particularly important for ensuring consistency across vaccine injury programs and restoring confidence in the compensation process.

Why VIPBA Supports This Bill?

This legislation aligns powerfully with VIPBA’s core priorities—improving judicial efficiency, ensuring equitable compensation, extending access for petitioners, increasing program transparency, and reflecting scientific advances. Renée Gentry, our Legislative Advocacy Liaison, has publicly endorsed the reforms. As Director of GWU’s Vaccine Injury Litigation Clinic, she noted that the increase in Special Masters will dramatically reduce overburdened dockets, and that raising the compensation cap modernizes a figure that has remained unchanged for over 30 years.

For more information on the bill, visit:
Vaccine Injury Compensation Modernization Act – H.R. 5142 (118th Congress)