Vaccinations protect millions of people from life-threatening diseases every year. They are the backbone of public health, but medicine is rarely perfect. In very rare instances, a routine shot can cause a severe, life-altering reaction. When this happens, families shouldn't have to battle pharmaceutical giants alone just to pay for their medical care. That is exactly why the federal government created a unique safety net: the National Vaccine Injury Compensation Program (VICP).
The VICP is a "no-fault" system. This means you don't have to prove a doctor made a mistake or a company produced a "bad" batch. Instead, the court focuses on one question: Did the vaccine cause the injury? By removing the need for traditional litigation, the program offers a faster, less aggressive path to recovery for those who experience rare side effects.
Getting through this federal process is a world away from a standard personal injury case. The rules are strict, and the "Vaccine Court" in Washington, D.C., has its own way of doing things. Below, we look at how this program works and what you need to do if your life has been changed by a vaccine-related injury.
How Do I File a Claim with the National Vaccine Court?
Congress launched the VICP in 1988 to stop a growing crisis. Before then, lawsuits were so expensive that vaccine makers were threatening to stop production entirely. The program was a compromise: it protects the vaccine supply while giving injured victims an easier way to get paid.
Petitions are filed with the U.S. Court of Federal Claims. You won't face a jury of your peers. A "Special Master"—a legal official appointed by the court—will weigh the medical evidence and decide your award. A trust fund pays out these claims, which is funded by a small tax on every vaccine dose sold in the United States.
What Injuries are Covered by the Vaccine Injury Compensation Program?
The VICP only covers specific vaccines and injuries. To qualify, the shot must be on the federal "Vaccine Injury Table". This table acts as a legal shortcut; if you develop a listed condition within a certain timeframe, the court presumes the vaccine caused it.
Common Covered Vaccines
The program covers most shots recommended by the CDC for children and pregnant women:
- Flu Shots: Seasonal influenza vaccines.
- MMR: Measles, mumps, and rubella.
- TDAP: Tetanus, diphtheria, and pertussis.
- HPV: Human papillomavirus.
- Hepatitis: Both Hepatitis A and B.
Key Deadlines and Requirements
You must move quickly. The law generally requires you to file your claim within three years of the first onset of symptoms. In cases involving a death, you have only two years from the date of passing. Also, the injury must have lasted at least six months or resulted in surgery and a hospital stay to qualify.
What is the Average Settlement for a Vaccine Injury Claim?
If the Special Master rules in your favor, the program provides financial support for your recovery. There are three main ways the VICP helps:
- Medical Bills: It covers past and future medical costs, including rehab, meds, and therapy.
- Pain and Suffering: You can be awarded up to $250,000 for your physical and emotional distress.
- Lost Income: If you can't work or have lost future earning power, you can recover those wages.
Do I Need a Vaccine Injury Lawyer to File a Federal Petition?
Perhaps the most important thing to know is that the VICP pays for your lawyer's fees and legal costs separately from your award. You don't have to give up a percentage of your settlement to pay your attorney. Even if your claim is denied, the court may still pay your legal costs as long as the case was filed in "good faith".
Because this is a federal court, you need an attorney who is specifically admitted to practice before the U.S. Court of Federal Claims. A specialized lawyer will manage the experts and medical records needed to win your case.
Call Brandon J. Broderick For Legal Help
A vaccine injury is a massive burden, but you don't have to carry it alone. You should be focusing on your health while your lawyers handle the government's legal maze. At Brandon J. Broderick, Attorney at Law, we know the federal Vaccine Court's specific rules and high standards.
Our team is ready to evaluate your medical records and guide you through the petition process. We are here to ensure the government's safety net actually catches you when you fall. If you suspect a vaccine caused you harm, don't wait for the clock to run out. Contact Brandon J. Broderick, Attorney at Law, today for a free evaluation and start your path toward recovery.
The Vaccine Injury Compensation Program is a no-fault alternative for victims of rare vaccine reactions. A vaccine injury lawyer can navigate the federal court to protect your rights and maximize your compensation.