The National Vaccine Injury Compensation Program (VICP), was established in 1986 to provide compensation for certain vaccine injuries, including allergic reactions to vaccines.
Before the VICP, lawsuits against vaccine manufacturers and healthcare providers threatened to reduce vaccination rates. Instead of placing blame for vaccine injuries, the no-fault VICP process doesn’t find blame for vaccine injuries. It recognizes that while rare, vaccine reactions do happen and that a course of action for vaccine injury compensation is necessary.
This means providers no longer need to be concerned about lawsuits and can continue giving vaccines to prevent illnesses.
Who Administers the VICP?
The U.S. Department of Health and Human Services (HHS) hosts the VICP. It reviews petitions and vaccine injury claims to make Court-ordered compensation payments.
Claims for vaccine injury compensation are heard in the United States Court of Federal Claims Office of Special Masters, which makes the final decision about claim compensation. The HHS is represented in this Court by the United States Department of Justice (DOJ).
How is the VICP Funded?
Vaccine injury compensation, as well as all legal fees, are paid by the Vaccine Injury Compensation Trust Fund. These funds come from a tax on vaccines that are recommended by the Centers for Disease Control and Prevention (CDC) for routine administration to children.
The amount of the tax is $0.75 for each disease that is prevented by the vaccine. For example, the seasonal influenza (flu shot) vaccine prevents one disease, so the tax is $0.75. The measles-mumps-rubella vaccine, which prevents three diseases, is taxed at $2.25.
Who Can File a VICP Claim?
Anyone who believes a vaccine covered by the VICP has caused an injury can file a claim with the VICP. Parents can file for their children, and legal representatives can file a claim for someone who has died as a result of a vaccine injury. You do not have to be a U.S. citizen to file a claim.
Claims must be filed within three years of the first vaccine injury symptom. If the person has died from the injury, their representative must file within two years of the death and within four years of the first symptom of the injury that caused the death.
How Much Compensation Can I Expect?
Your compensation depends on the extent of your injury and whether you have become disabled as a result. The Court also considers your past and future lost earnings, your past and ongoing medical expenses, and your quality of life after your injury.
In addition to lost earnings and medical expenses, you can receive up to $250,000 in compensation for pain related to your vaccine injury. We do everything we can to maximize your potential vaccine injury compensation. Learn more about our case results.
Do I Need an Attorney to File a Claim with the VICP?
Since all legal fees are paid by the Vaccine Injury Compensation Trust Fund, it’s worthwhile to have an attorney to represent you throughout the VICP process. This process is complicated and having a knowledgeable vaccine injury attorney can help maximize your compensation.
Am I Eligible For Vaccine Injury Compensation?
If you or a loved one has developed a reaction to a vaccine, take our eligibility quiz to see if you qualify for compensation. Our experienced vaccine injury attorneys can file a claim for you with the VICP at no cost to you.