The Vaccine Injury Compensation Program (VICP) is a federal, no-fault program created to provide compensation to individuals who are injured by certain vaccines. It was established to ensure continued public confidence in the vaccine system, to protect vaccine supply by limiting manufacturer liability, and to offer a fair alternative to traditional lawsuits.
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The VICP was established in 1986 after a rise in lawsuits related to vaccine injuries threatened vaccine availability. The program was designed to provide a streamlined legal process for injured individuals while protecting the vaccine supply and public health system.
Generally, no. Under federal law, individuals cannot sue vaccine manufacturers or vaccine administrators (such as doctors, nurses, or clinics) in civil court for injuries resulting from covered vaccines. Instead, the VICP serves as the exclusive remedy for most vaccine-related injury claims. This legal protection was part of the original law that created the VICP to ensure a stable vaccine supply by shielding manufacturers and providers from liability, while still offering an avenue of compensation to those who are injured. In rare cases involving fraud or willful misconduct, a separate legal pathway may be available, but these are extremely limited and require special approval.
Several key federal agencies and legal professionals work together to process and resolve VICP claims:
This collaborative framework is designed to ensure claims are resolved fairly and efficiently, with a focus on medical evidence and legal consistency.
The VICP is administered jointly by three federal entities:
The VICP covers most vaccines routinely recommended by the Centers for Disease Control and Prevention (CDC) for children, pregnant individuals, or adults when administered according to CDC guidelines. As of the current Vaccine Injury Table, the following vaccines are covered:
Vaccines must be administered in the United States or under certain qualifying conditions abroad (e.g., to U.S. citizens employed overseas by the federal government). Note that COVID-19 vaccines are not currently covered under the VICP. These are addressed through the separate Countermeasures Injury Compensation Program (CICP), pending any legislative updates.
Anyone who received a covered vaccine and believes they were injured as a result may file a petition. Parents or legal guardians may file on behalf of children, and legal representatives may file on behalf of deceased individuals or those unable to file for themselves.
A VICP case begins by preparing and filing a petition with the U.S. Court of Federal Claims. The petition includes a written summary of the petitioner’s medical chronology based on their medical records, which outline the course of diagnosis, treatment, and recovery. Medical records relevant to the vaccination and injury must be gathered and filed with the Court to support the petition. After filing, the case is reviewed by medical staff within the U.S. Department of Health and Human Services (HHS), who analyze the petition and medical documentation. HHS then determines its position on the case and submits a “Rule 4 Report” outlining whether it believes compensation should be awarded. Following this review, the parties may engage in settlement negotiations or submit expert reports to support their respective positions. A Special Master reviews the evidence, may hold a hearing, and ultimately issues a decision.
Generally, you must file within three years of the first sign or symptom of the vaccine injury. For death cases, the deadline is two years from the date of death and no more than four years after the first symptom of the vaccine-related injury that led to death.
The VICP may provide compensation for a range of losses and expenses related to a vaccine injury. These include:
Each award is tailored to the individual’s situation and supported by evidence, expert reports, and medical documentation.
You are not required to have an attorney, but having one is strongly recommended. Vaccine law is a specialized area, and experienced attorneys can guide you through the process and help gather the necessary medical evidence. Attorneys’ fees are paid separately by the program and do not reduce your award.
If the Special Master rules in your favor—or if your case settles—you may receive compensation as outlined in your damages agreement. Compensation can include a combination of lump sum payments, annuities, or structured settlements depending on the nature of your injuries.
If you disagree with the outcome, you may appeal to a judge of the U.S. Court of Federal Claims. From there, further appeals may be filed with the U.S. Court of Appeals for the Federal Circuit and potentially the U.S. Supreme Court.
If the vaccine is not listed in the Vaccine Injury Table or was not recommended for routine administration, you may not be eligible to file under the VICP. However, you may have other legal options, and should consult with an attorney to evaluate your case.
At this time, COVID-19 vaccine injury claims are processed under a separate system called the Countermeasures Injury Compensation Program (CICP). However, there are ongoing efforts to bring COVID-19 vaccines under the VICP to provide petitioners with stronger procedural protections and access to legal representation.
The Vaccine Injury Compensation Program is funded by a $0.75 excise tax on every dose of covered vaccine. This tax is paid by vaccine manufacturers and placed into a federal trust fund. The fund is used to pay compensation to injured individuals, cover attorneys’ fees, and operate the program—without any reliance on taxpayer dollars.
As of May 31, 2024, the trust fund held approximately $4.55 billion. Each year, the program brings in an average of $200–275 million through vaccine excise taxes and interest income.
Annually, the program pays out approximately $125–150 million in compensation to petitioners and an additional $25–30 million in attorneys’ fees and costs. These disbursements ensure that the program remains responsive and capable of meeting the needs of vaccine-injured individuals.
In some cases, yes. If the vaccine was administered in a U.S. territory or to a U.S. citizen serving abroad under certain conditions, you may still be eligible. Eligibility is fact-specific and should be reviewed with legal counsel.
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