Vaccines play a key role in public health, but in rare cases, they can cause serious side effects. If you've suffered a vaccine injury in Vermont, here's what you need to know about your legal options.
When a Vaccine Causes Harm: Your Rights in Vermont
While most people tolerate vaccines without issue, adverse reactions do happen. According to the Centers for Disease Control and Prevention (CDC), serious vaccine injuries occur in fewer than one in a million doses. But when they do, victims may face long-term medical complications, lost income, and emotional distress.
In Vermont, those who experience vaccine-related injuries have several potential avenues for compensation. Unlike other personal injury cases, vaccine claims typically fall under a specialized federal program rather than traditional civil lawsuits.
The National Vaccine Injury Compensation Program (VICP)
What Is the VICP?
The National Vaccine Injury Compensation Program (VICP) is a federal initiative that provides financial relief for individuals injured by certain vaccines. Established in 1986, the program was created to ensure a no-fault alternative to the traditional legal process.
Instead of suing a doctor, hospital, or pharmaceutical company, claimants file a petition with the U.S. Court of Federal Claims in Washington, D.C. The Department of Health and Human Services reviews each case, and the Department of Justice represents the government in the proceedings.
Vaccines Covered by the Program
Not all vaccines are eligible for VICP compensation. The program includes most routine childhood vaccines, such as:
- Measles, mumps, rubella (MMR)
- DTaP and Tdap (diphtheria, tetanus, pertussis)
- Influenza (flu shot)
- Hepatitis A and B
- HPV
- COVID-19 (some claims now fall under the Countermeasures Injury Compensation Program—see below)
Vaccines must be recommended by the CDC for routine use in children or pregnant women to qualify.
Common Types of Vaccine Injuries
Injuries Recognized by the VICP
Some adverse events are more likely to result in compensation under the program, especially when they occur within a specific time frame. Examples include:
- Anaphylaxis (a severe allergic reaction)
- Shoulder Injury Related to Vaccine Administration (SIRVA)
- Guillain-Barré Syndrome (GBS)
- Encephalopathy (brain dysfunction)
- Chronic arthritis following rubella-containing vaccines
Proving Your Case
To qualify for compensation, you must show that:
- The injury lasted for more than six months, or
- It led to hospitalization and surgery, or
- It resulted in death
Timing is also critical. Claims generally must be filed within three years of the first symptom. For wrongful death cases, the limit is two years from the date of death.
How to File a Vaccine Injury Claim in Vermont
The Filing Process
If you're a Vermont resident who believes you suffered a vaccine-related injury, here’s how the process typically unfolds:
- Hire an experienced vaccine injury attorney – Legal fees are paid by the VICP, win or lose.
- File a petition with the U.S. Court of Federal Claims.
- Submit supporting medical records and documentation of the injury.
- The case is reviewed by medical experts, and the government may offer a settlement or challenge the claim.
- If compensation is awarded, it may cover:
- Past and future medical expenses
- Lost wages
- Pain and suffering (up to $250,000)
- Legal costs
No Need to Prove Fault
Unlike traditional personal injury cases, you don’t need to prove that the vaccine manufacturer or healthcare provider was negligent. The program operates under a no-fault structure, streamlining the process for claimants.
What About COVID-19 Vaccine Injuries?
Different Pathway for COVID Claims
Most COVID-19 vaccine injury claims are handled under a separate federal system: the Countermeasures Injury Compensation Program (CICP). This program covers side effects from COVID vaccines and treatments authorized during public health emergencies.
However, the CICP has been widely criticized for its strict eligibility criteria and low approval rate. As of early 2025, fewer than 10% of COVID-related claims have been compensated.
When to Seek Legal Help
Working With a Vaccine Injury Lawyer in Vermont
Although the VICP process is not adversarial in the traditional sense, having a skilled vaccine injury attorney increases your chances of success. These cases involve navigating federal procedures, securing expert testimony, and compiling extensive medical documentation.
You’re not limited to local courts, but Vermont residents can work with attorneys who are admitted to the Court of Federal Claims and experienced in vaccine litigation.
Because legal fees are covered by the program, there’s typically no out-of-pocket cost to hire a qualified lawyer.
Can You Sue Outside the VICP?
In most cases, no. The VICP was designed to funnel claims out of the civil court system. However, there are rare instances where a traditional lawsuit might be possible, such as:
- Injuries from vaccines not covered by the VICP
- Injuries resulting from improper administration (such as using the wrong needle or dosage)
- Cases involving willful misconduct
If a case falls outside the VICP’s scope, Vermont law allows individuals to pursue a medical malpractice or product liability claim through the state’s civil courts.
Conclusion
A vaccine injury can be physically, emotionally, and financially overwhelming. But Vermont residents are not without recourse. The National Vaccine Injury Compensation Program offers a streamlined path for seeking financial support without the need to sue a doctor or pharmaceutical company. And if your case involves a COVID-19 vaccine or falls outside VICP protections, there may be other legal options available. Speaking with a lawyer familiar with vaccine injury claims can help you decide the best path forward.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
Navigating the aftermath of a serious injury is challenging enough without the added stress of legal complexities and financial worries. At Brandon J. Broderick, Attorney at Law, we are dedicated to providing our clients with exceptional legal representation and compassionate support. We handle the costs so you can focus on your recovery.
If you have been injured in Vermont, contact us for a free, no-obligation consultation. We will review the details of your case, explain your rights, and discuss how we can help you pursue the justice and compensation you deserve. Let our experience and resources work for you.