What You Need to Know

About the

National Vaccine

Injury Compensation

Program (VICP)

February 2006
NOTE:

What You Need to Know About the National Vaccine 

Injury Compensation Program (VICP) is not a legal 

document. The official provisions are contained in 

the relevant laws, regulations and Court decisions. 

Because this provides only general information, you 

may wish to consult a lawyer.
What You Need to Know

About the 

National Vaccine

Injury Compensation

Program (VICP)

February 2006

iii

Table of Contents

List of Acronyms and Terms...........................................................................iv

What is the National Vaccine Injury Compensation Program (VICP)? ...........1

Why and when was the VICP created? .............................................................1

What vaccines are covered by the VICP?..........................................................1

How does the VICP work? ................................................................................2

Who may file a claim? ......................................................................................3

What medical records and other documents are requested to ensure a 

timely review of my claim?...............................................................................4

Do I need a lawyer to file a claim?....................................................................5

What are the deadlines to file claims?..............................................................6

What is the process for filing a claim?..............................................................6

What must be proved in order to be paid?.......................................................7

What is the Vaccine Injury Table?.....................................................................7

What are the types of payments?.....................................................................9

Can I file a lawsuit outside the VICP?............................................................. 10

What is the Vaccine Adverse Event Reporting System (VAERS)?................... 10

How do I obtain more information about the VICP? ..................................... 10

How do I obtain more information about filing a claim?............................... 10

How do I obtain a list of lawyers?................................................................... 11

Appendix: Description of Diseases Prevented by VICP 

Covered Vaccines............................................................................................ 13
iv

List of Acronyms and Terms

• Aids Qualifications and Aids to Interpretation

• DOJ U.S. Department of Justice

• HHS U.S. Department of Health and Human Services

• HRSA Health Resources and Services Administration

• VAERS Vaccine Adverse Event Reporting System

• VICP National Vaccine Injury Compensation Program

• Court U.S. Court of Federal Claims

• Table Vaccine Injury Table


What is the National Vaccine Injury Compensation Program (VICP)?

Vaccines save lives by preventing disease in the people who receive them. Most people 

who get vaccines have no serious problems. However, vaccines, like any medicines, can 

rarely cause serious problems, such as severe allergic reactions. In those rare cases, the 

VICP, which is a Federal program, provides compensation to people found to be injured by 

certain vaccines. The U.S. Court of Federal Claims decides who will be paid. Three Federal 

government offices have a role in the VICP:

• the U.S. Department of Health and Human Services (HHS);

• the U.S. Department of Justice (DOJ); and

• the U.S. Court of Federal Claims (the Court).

The VICP is located in the HHS, Health Resources and Services Administration, Healthcare 

Systems Bureau, Division of Vaccine Injury Compensation.

Why and when was the VICP created?

In the early 1980s, news reports of serious side effects from the DTP (diphtheria, tetanus, 

pertussis) vaccine caused some to question the safety of the vaccine. Parents began filing 

many lawsuits against vaccine companies, doctors, and nurses. Some vaccine companies 

decided to stop making vaccines, which created vaccine shortages and threatened the 

Nation’s health.

All of these problems led a group of doctors, public health organizations, vaccine companies 

and private citizens to encourage Congress to enact a new law to compensate those found to 

be injured by childhood vaccines. The National Childhood Vaccine Injury Act of 1986 (Public 

Law 99-660) created the VICP, which began on October 1, 1988.

What vaccines are covered by the VICP?

• Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, Td, or TT)

• Haemophilus influenzae type b (Hib)

• Hepatitis A (HAV)

• Hepatitis B (HBV)

• Influenza [given each year during the flu season]

• Measles, mumps, rubella (MMR, MR, M, R)

• Polio (OPV or IPV)


• Pneumococcal conjugate (PCV)

• Rotavirus (RV)

• Varicella (VZV)

• Any combination of the vaccines above

• Additional vaccines may be added in the future

For a description of the diseases prevented by these vaccines, see page 15 in the Appendix.

How does the VICP work?

First, a claim must be filed by or on the behalf of the individual thought to be injured by a 

vaccine covered by the VICP. A claim is started by filing a legal document called a petition 

that is prepared by you or your lawyer to request compensation under the VICP. Anyone 

who files a claim is called a petitioner. The only form required is the Court’s cover sheet 

for the claim. You may obtain a copy of the cover sheet and a sample claim by calling 

(202) 357-6400. Your claim should address the following information:

• who was injured by the vaccine;

• which vaccine caused the injury;

• when the vaccine was given;

• the city and State or country where the vaccine was given;

• the type of injury;

• when the first symptom of the injury appeared; and

• how long the effects of the injury lasted.

Your claim should also include your medical records and/or other appropriate documents, 

the Court’s cover sheet, and the $250.00 filing fee. If you are unable to pay this fee, call 

(202) 357-6400 for assistance. The original claim and two copies plus a $250.00 filing fee 

should be sent to:

Clerk

U.S. Court of Federal Claims

717 Madison Place, N.W.

Washington, D.C. 20005


One copy should be sent to:

Director, Division of Vaccine Injury Compensation

HRSA, Healthcare Systems Bureau

Parklawn Building, Room 11C-26

5600 Fishers Lane

Rockville, Maryland 20857

Who may file a claim?

• You may file a claim if you received a vaccine covered by the VICP and believe that you 

have been injured by this vaccine.

• You may also file a claim if you are a parent or legal guardian of a child or disabled adult 

who received a vaccine covered by the VICP and believe that the person was injured by 

this vaccine.

• You may file a claim if you are the legal representative of the estate of a deceased person 

who received a vaccine covered by the VICP and believe that the person’s death resulted 

from the vaccine injury.

• You may file a claim if you are not a United States citizen.

• Some people who receive vaccines outside of the U.S. may be eligible for compensation. 

The vaccines must have been covered by the VICP and given in the following 

circumstances:

– the injured person must have received a vaccine in the U.S. trust territories; or

– if the vaccine was administered outside of the U.S. or its trust territories: 1) the injured 

person must have been a U.S. citizen serving in the military or a U.S. government 

employee, or have been a dependent of such a citizen; or 2) the injured person must 

have received a vaccine manufactured by a vaccine company located in the U.S. and 

returned to the U.S. within 6 months after the date of vaccination.

In addition, to be eligible to file a claim, the effects of the person’s injury must have: 1) lasted 

for more than 6 months after the vaccine was given; or 2) resulted in a hospital stay and

surgery; or 3) resulted in death.


What medical records and other documents are requested to ensure a 

timely review of my claim?

You must include certain medical records and/or other appropriate documents with the 

claim. If some medical records are unavailable, you must identify those records and explain 

why they are unavailable. The medical review and processing of the claim may be delayed if 

you do not include the appropriate medical records and other documents with the claim.

In order to ensure that your claim is processed in a timely manner, the VICP suggests that 

you include the following medical records and other documents when filing your claim with 

the Court and the Secretary of Health and Human Services, c/o Director, Division of Vaccine 

Injury Compensation. 

Medical Records

1.*	 Prenatal and Birth Records

–Mother’s prenatal record

–Delivery record

–Birth Certificate

–Newborn hospital record including doctors’/nurses’ notes, and radiology/lab results

–Any hospitalization face sheet with final diagnosis

2.	 Medical Records PriortoVaccination

–Clinic notes (such as Well Baby visits)

–Private doctor visits

–Growth charts/lab/radiology results

–Consultation reports and evaluations

–Developmental charts

3.	 Vaccination Record (if available)

–Lot number

–Manufacturer

4.	 Post-Injury Hospital/Emergency Treatment Records

–Admission/discharge summaries

–History and physical records

–Progress notes (including doctors’/nurses’ notes)

–Medication records

–Lab/radiology/EEG results

–Flow sheets (respiratory care/treatments)

–Consultation reports and evaluations


5.	 Post-Injury Outpatient Records

–History and physical records

–Progress notes (including doctors’/nurses’ notes)

–Medication records

–Lab/radiology/EEG results

–Clinic notes

–All evaluations

6.	 VaccineAdverse Event Reporting System (VAERS) form (if submitted)

7.	 Long Term Records(that apply to yourinjury)

–School records

–Consultation reports and evaluations

–Educational testing records

–Psychological testing records

–Police/ambulance records

8.	 Death Records(if applicable)

–Death Certificate

–Autopsy report (if done)

–Autopsy slides

*Note: Number 1 may be omitted if the injured person is an adult.

Do I need a lawyer to file a claim?

You do not need a lawyer to file a claim. However, since this is a legal process, most people 

use a lawyer. If certain minimal requirements are met, the VICP will pay your lawyer’s 

fees and other legal costs related to your claim, whether or not you are paid for a vaccine 

injury or death. The VICP will not pay the fees of petitioners representing themselves, but 

will pay their other legal costs, whether or not the claim is paid as long as certain minimal 

requirements are met.


What are the deadlines to file a claim?

The general filing deadlines are:

• For an injury, your claim must be filed within 3 years after the first symptom of the 

vaccine injury.

• For a death, your claim must be filed within 2 years of the death and 4 years after the 

start of first symptom of the vaccine-related injury from which the death occurred.

When a new vaccine is covered by the VICP or when a new injury/condition is added to 

the Vaccine Injury Table (Table), claims that do not meet the general filing deadlines must 

be filed within 2 years from the date the vaccine or injury/condition is added to the Table 

for injuries or deaths that occurred up to 8 years before the Table change. The Table lists 

and explains injuries that are presumed to be caused by vaccines. For more details about 

the Table, visit www.hrsa.gov/vaccinecompensation.

For example, the hepatitis A vaccine was covered by the VICP as of December 1, 2004. 

Under the general filing deadline for an injury, the claim must be filed within 3 years after 

the first symptom of the vaccine injury. However, claims that do not meet the general filing 

deadlines must be filed by December 1, 2006 for injuries or deaths that occurred on or after 

December 1, 1996.

What is the process for filing a claim?

A summary of the claims process is provided below. The Court has documents which explain 

the process in more detail. To obtain these documents, you may visit the Court’s Web site at 

www.uscfc.uscourts.gov/osmpage.htm or call (202) 357-6400. Most petitioners use a lawyer 

since this is a legal process, and the Rules of the Court are very specific and must be followed.

The process for filing a claim is:

1. the petitioner or petitioner’s lawyer sends one original and two copies of the claim 

along with the medical records, other appropriate documents and a $250.00 filing fee 

to the Court;

2. the petitioner or petitioner’s lawyer sends one copy of the claim including the medical 

records and other appropriate documents to the Secretary of Health and Human 

Services, c/o Director, Division of Vaccine Injury Compensation;

3. the Court sends one copy of the claim and medical records to the DOJ;

4. HHS reviews the medical information in the claim and this review is sent to the DOJ 

lawyer who represents the Secretary of Health and Human Services;

5. the DOJ lawyer reviews the legal aspects of the claim and writes a report;


6. the HHS and DOJ reviews are combined into one report that is sent to the Court and 

petitioner or petitioner’s lawyer;

7. the DOJ and petitioner or petitioner’s lawyer take legal action to resolve the claim;

8. a “special master” (a lawyer appointed by the judges of the Court) decides if the claim 

will be paid and how much will be paid for the claim;

9. if the special master decides to pay the claim, the petitioner must make a decision to 

accept or reject the special master’s decision in writing; and

10. the special master’s decision may be appealed to a judge of the Court by the petitioner 

or HHS, then to the U.S. Court of Appeals for the Federal Circuit and, finally, to the U.S. 

Supreme Court.

What must be proved in order to be paid?

You must prove that:

• the injured person received a vaccine listed on the Table; and

• the first symptom of the injury/condition on the Table as defined in the Qualifications 

and Aids to Interpretation (Aids)* occurred within the time period listed on the Table; or

• the vaccine caused the injury; or

• the vaccine caused an existing illness to get worse (significantly aggravated).

In addition, the Court must determine that the injury or death did not result from any other 

possible causes.

What is the Vaccine Injury Table?

The Table makes it easier for some people to get compensation. The Table lists and explains 

injuries/conditions that are presumed to be caused by vaccines. It also lists time periods in 

which the first symptom of these injuries/conditions must occur after receiving the vaccine. 

If the first symptom of these injuries/conditions occur within the listed time periods, it is 

presumed that the vaccine was the cause of the injury or condition unless another cause is 

found. For example, if you received the tetanus vaccine and had a severe allergic reaction 

(anaphylaxis) within 4 hours after receiving the vaccine, then it is presumed that the tetanus 

vaccine caused the injury if no other cause is found.

If your injury/condition is not on the Table or if your injury/condition did not occur 

within the time period on the Table, you must prove that the vaccine caused the injury/

condition. Such proof must be based on medical records or opinion, which may include 

expert witness testimony.

* The Aids define some of the injuries/conditions listed on the Table.


The Table and Aids change sometimes. To obtain a copy of the latest Table and Aids, visit the 

VICP Website at www.hrsa.gov/vaccinecompensation, or call 1-800-338-2382.

The following is a list of the vaccines covered by the VICP. These vaccines can be given alone 

or combined with other vaccines. The listing also includes the injuries/conditions associated 

with these vaccines and the time period in which the first symptom of these injuries/

conditions must occur in order for the VICP to presume that the vaccine was the cause. For a 

description of the diseases prevented by these vaccines, see page 15 in the Appendix.

Important: Thisis only a summary of the Table.[The definitions of these injuries/

conditions are in theAids.]

Vaccine Injuries/Conditions Time Period

Diphtheria See pertussis and tetanus.

Haemophilus Influenzae

type b (Hib)

There are no Table injuries for this vaccine.1 Not applicable

Hepatitis A (HAV) There are no Table injuries for this vaccine.1 Not applicable

Hepatitis B (HBV) A sudden, severe, and sometimes deadly allergic 

reaction (Anaphylaxis or Anaphylactic Shock)2

0-4 hours

Influenza There are no Table injuries for this vaccine.1 Not applicable

Measles, Mumps, 

Rubella (MMR, MR, 

M, R)

A sudden, severe, and sometimes deadly allergic 

reaction (Anaphylaxis or Anaphylactic Shock)2

Disorder of the brain (Encephalopathy)2

0-4 hours

5-15 days

Measles (MMR, 

MR, M)

A decrease in the number of platelets in the blood 

(Thrombocytopenic Purpura)2

Measles virus infection in an immunodeficient person2

7-30 days

0-6 months

Pertussis (DTaP, Tdap, 

DTP, P, DTP-Hib)

A sudden, severe, and sometimes deadly allergic 

reaction (Anaphylaxis or Anaphylactic Shock)2

Disorder of the brain (Encephalopathy)2

0-4 hours

0-72 hours

Pneumococcal

conjugate (PCV)

There are no Table injuries for this vaccine.1 Not applicable

Polio

Inactivated

Polio (IPV)

Oral Polio

(OPV)3

A sudden, severe, and sometimes deadly allergic 

reaction (Anaphylaxis or Anaphylactic Shock)2

1) Paralysis from the polio virus in the person who:

– received the vaccine2

– received the vaccine and is unable to have 

a normal immune response to this vaccine 

(immunodeficient)2

– came in contact with a person who recently 

received the vaccine2

0-4 hours

0-30 days

0-6 months

no time limit


Vaccine Adverse Event (Serious Side Effects) Time Period

Polio (continued)

Oral Polio

(OPV)3

2) Vaccine-strain polio infection in the person who:

– received the vaccine2

– received the vaccine and is unable to have 

a normal immune response to this vaccine 

(immunodeficient)2

– came in contact with a person who recently 

received the vaccine2

0-30 days

0-6 months

no time limit

Rotavirus

Live, oral, 

rhesus-based

(RV)3

Other

Rotavirus (RV)

The intestine or bowel folds into itself 

(Intussusception)2

There are no Table injuries for this vaccine.1

0-30 days

Not applicable

Rubella (MMR, MR, R) A persistent swelling of the joints (Chronic Arthritis)2 7-42 days

Tetanus (DTaP, Tdap, 

DTP-Hib, DT,Td or TT)

A sudden, severe, and sometimes deadly allergic 

reaction (Anaphylaxis or Anaphylactic Shock)2

Damage to a nerve or group of nerves in the under 

arm (Brachial Neuritis)2

0-4 hours

2-28 days

Varicella (VZV) There are no Table injuries for this vaccine.1 Not applicable

Additional vaccines may be added in the future.

1 When no injury is identified with this vaccine, the petitioner must prove that the injury was caused by 

the vaccine.

2 In addition, any serious problems resulting from this injury/condition, including death.

3 This vaccine is no longer given in the U.S.

What are the types of payments?

For an injury, you may be paid:

• a reasonable amount for past and future nonreimbursable medical, custodial care, and 

rehabilitation costs, and related expenses (There is no limit on the amount a person with 

an injury may be paid for these types of expenses. Payments are based on your vaccine 

injury needs.);

• up to $250,000 for actual and projected pain and suffering;

• lost earnings; and/or

• reasonable lawyers’ fees and other legal costs or legal costs, not fees, of petitioners 

representing themselves, if your claim was filed on a reasonable basis and in good faith.
10

For a death, you may be paid:

• up to $250,000 as a death benefit for the estate of the deceased; and

• reasonable lawyers’ fees and other legal costs or legal costs, not fees, of petitioners 

representing themselves, if your claim was filed on a reasonable basis and in good faith.

Can I file a lawsuit outside the VICP?

Most of the time, you must first file and have your claim processed with the VICP before a 

civil lawsuit can be filed against the vaccine company or the person who gave the vaccine. If 

you would like to file a civil lawsuit outside of the VICP, contact a lawyer for advice.

What is the Vaccine Adverse Event Reporting System (VAERS)?

VAERS is a Federal program used to report injuries or illnesses that occur after a vaccine is 

given. Filing a VAERS report is not the same as filing a claim with the VICP. VAERS and the 

VICP are different programs. For more information about VAERS, call 1-800-822-7967 or 

visit their Web site at www.vaers.hhs.gov.

How do I obtain more information about the VICP?

National Vaccine Injury Compensation Program

Parklawn Building, Room 11C-26

5600 Fishers Lane

Rockville, Maryland 20857; or

1-800-338-2382

www.hrsa.gov/vaccinecompensation

How do I obtain more information about filing a claim?

Clerk

U.S. Court of Federal Claims

717 Madison Place, N.W.

Washington, D.C. 20005

(202) 357-6400

www.uscfc.uscourts.gov/osmpage.htm
11

How do I obtain a list of lawyers?

Clerk

U.S. Court of Federal Claims

717 Madison Place, N.W.

Washington, DC 20005

(202) 357-6400; or

Your State or local bar association

Appendix

15

Description of Diseases Prevented

by VICP Covered Vaccines

Vaccines Description of Diseases Prevented by Covered Vaccines

Diphtheria A bacterial disease which can cause a thick covering in the 

back of the throat, and can lead to breathing problems, 

paralysis, heart failure, and even death.

Haemophilus influenzae

type b

A bacterial disease which can cause meningitis, 

pneumonia, severe swelling in the throat (making it hard 

to breathe), infections of the blood, joints, bones, and 

covering of the heart, and death. Meningitis is an infection 

of the covering of the brain.

Hepatitis A Hepatitis A virus can cause mild “flu-like” illness, jaundice, 

severe stomach pains and diarrhea, and can lead to a 

serious liver disease. 

Hepatitis B Hepatitis B virus can cause short-term (acute) illness, 

and can lead to loss of appetite, diarrhea and vomiting, 

tiredness, jaundice (yellow skin or eyes), and pain in 

muscles, joints, and stomach. It can also cause longterm (chronic) illness which can lead to liver damage 

(cirrhosis), liver cancer and/or death.

Influenza Influenza virus can cause fever, sore throat, chills, 

fatigue, cough, headache, and muscle aches. It is a very 

contagious disease which spreads from infected persons 

to the nose or throat of others. 

Measles Measles virus can cause rash, cough, runny nose, eye 

irritation which can lead to ear infection, pneumonia, seizures 

(jerking and staring spells), brain damage, and death.

Mumps Mumps virus can cause fever, headache, and swollen 

glands, and can lead to deafness, meningitis (infection of 

the brain and spinal cord covering), painful swelling of the 

testicles or ovaries, and, rarely, death.

(Continued)
16

Vaccines Description of Diseases Prevented by Covered Vaccines

Pertussis

(Whooping Cough)

A bacterial disease which can cause coughing spells so 

bad that it is hard to eat, drink, or breathe, and can lead 

to pneumonia, seizures (jerking and staring spells), brain 

damage, and death. It is also called Whooping Cough. 

Pneumococcal conjugate A bacterial infection which can lead to serious illness and 

death, and is the leading cause of bacterial meningitis in 

the United States. 

Polio Polio virus can cause paralysis (can’t move arm or leg) or 

death by paralyzing the muscles that help people breathe. 

Rotavirus Rotavirus can cause diarrhea which can lead to 

dehydration and other problems in children. 

Rubella Rubella virus can cause rash, mild fever, and arthritis 

(mostly in women). It is also called German Measles.

Tetanus A bacterial disease which can cause painful tightening of 

the muscles, usually all over the body, and can lead to 

“locking” of the jaw so the victim cannot open his mouth 

or swallow. Tetanus enters the body through cuts or 

wounds. It is also called Lockjaw.

Varicella

(Chickenpox)

Varicella virus can cause a rash, itching, fever, and 

tiredness, and can lead to severe skin infection, scars, 

pneumonia, brain damage, or death. It is also called 

Chickenpox. The chickenpox virus can be spread from 

person to person through the air, or by contact with fluid 

from chickenpox blisters. 

U.S.DEPARTMENT OF HEALTHAND HUMAN SERVICES

Health Resources and ServicesAdministration

Healthcare Systems Bureau

Division of Vaccine Injury Compensation

http://www.hrsa.gov/vaccinecompensation

1-800-338-2382