D

Appendix D

Appendix D-10

Vaccine Injury Compensation Program (VICP)

The VICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims. It was

established as part of the National Childhood Vaccine Injury Act of 1986, after lawsuits against vaccine 

manufacturers and healthcare providers threatened to cause vaccine shortages and reduce vaccination rates. It

provides compensation to people found to be injured by certain vaccines

The VICP is administered jointly by the U.S. Department of Health and Human Services (HHS), the U.S. Co

of Federal Claims (the Court), and the U.S. Department of Justice (DOJ.  The VICP is located in the HH

Health Resources and Services Administration (HRSA), Healthcare Systems Bureau, Division of Vaccine Injury 

Compensation

Who can file a petition? 

According to the Health Resources and Services Administration of HHS, a person may file a petition if they:

y received a vaccine covered by the VICP and believe that they have been injured by this vaccine

y are a parent or legal guardian of a child or disabled adult who received a covered vaccine and who they 

believe was injured by this vaccine

y are the legal representative of the estate of a deceased person who received a covered vaccine and who 

they believe was injured by the vaccine and/or whose death they believe resulted from the vaccine injury

You may file a petition regardless of age and United States citizenship. The covered vaccine must have been

given in the United States or its territories with few exceptions. To learn more about exceptions, see the VICP

website (https://www.hrsa.gov/vaccine-compensation/eligible/index.ht

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; 

2.  resulted in a hospital stay and surgery; o

3.  resulted in deat

What vaccines are covered?

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

injuries and conditions that are presumed to be caused by vaccines. It also lists time periods in which the first

symptom of these injuries and conditions must occur after receiving the vaccine. If the first symptom of these

injuries/conditions occurs 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 a patient 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 an injury or condition is not on the Table or if it did not occur within the time period on the Table, the petitioner 

must prove that the vaccine caused the injury or condition

A copy of the Vaccine Injury Table is on the following page or can be found online at https://www.hrsa.gov/site

default/files/hrsa/vaccine-compensation/vaccine-injury-table.pdf. A comprehensive explanation of terms used i

the table accompanies the online version

How can a petition be filed? 

To learn how to file a petition, see the VICP website at https://www.hrsa.gov/vaccine-compensation/how-to-file/index.h

For more information, visit the VICP website at https://www.hrsa.gov/vaccine-compensation/index.h
D

Appendix D

Appendix D-11

National Childhood Vaccine Injury Act: Vaccine Injury Table

This table, supplemented with definitions and other explanatory material, can be found on the National Vaccine 

Injury Compensation Program’s website at https://www.hrsa.gov/vaccinecompensation/vaccineinjurytable.

Vaccine Illness, disability, injury

 or condition covered

Time period for first symptom or 

manifestation of onset or 

of significant aggravation after 

vaccine administration

I. Vaccines containing tetanus 

toxoid (e.g., DTaP, DTP, DT, Td, 

or TT)

A. Anaphylaxis ≤4 hours

B. Brachial Neuritis 2-28 days (not less than 2 days and not 

more than 28 days)

C. Shoulder Injury Related to Vaccine 

Administration

≤48 hours

D. Vasovagal syncope ≤1 hour

II. Vaccines containing whole cell 

pertussis bacteria, extracted or 

partial cell pertussis bacteria, 

or specific pertussis antigen(s) 

(e.g., DTP, DTaP, P, DTP-Hib)

A. Anaphylaxis ≤4 hours

B. Encephalopathy or encephalitis ≤72 hours

C. Shoulder Injury Related to Vaccine 

Administration

≤48 hours

D. Vasovagal syncope ≤1 hour

III. Vaccines containing measles, 

mumps, and rubella virus or 

any of its components (e.g.,

MMR, MM, MMRV)

A. Anaphylaxis ≤4 hours

B. Encephalopathy or encephalitis 5-15 days (not less than 5 days and not 

more than 15 days)

C. Shoulder Injury Related to Vaccine 

Administration

≤48 hours

D. Vasovagal syncope ≤1 hour

IV. Vaccines containing rubella 

virus (e.g., MMR, MMRV)

A. Chronic arthritis 7-42 days (not less than 7 days and 

not more than 42 days)

V. Vaccines containing measles 

virus (e.g., MMR, MM, MMRV)

A. Thrombocytopenic purpura 7-30 days (not less than 7 days and 

not more than 30 days)

B. Vaccine-Strain Measles Viral Infection 

in an immunodeficient recipient: 

y Vaccine-strain virus identified

Not applicable

Vaccine-Strain Measles Viral Infection 

in an immunodeficient recipient: 

y If strain determination is not done or if 

laboratory testing is inconclusive

≤12 months
D

Appendix D

Appendix D-12

Vaccine Illness, disability, injury

 or condition covered

Time period for first symptom or 

manifestation of onset or 

of significant aggravation after 

vaccine administration

VI. Vaccines containing polio 

live virus (OPV)

A. Paralytic Polio 

y in a non-immunodeficient recipient ≤30 days

Paralytic Polio 

y in an immunodeficient recipient ≤6 months

Paralytic Polio 

y in a vaccine associated community case Not applicable

B. Vaccine-Strain Polio Viral Infection

y in a non-immunodeficient recipient ≤30 days

Vaccine-Strain Polio Viral Infection

y in an immunodeficient recipient ≤6 months

Vaccine-Strain Polio Viral Infection

y in a vaccine associated community case Not applicable

VII. Vaccines containing polio 

inactivated virus (e.g., IPV)

A. Anaphylaxis ≤4 hours

B. Shoulder Injury Related to Vaccine 

Administration ≤48 hours

C. Vasovagal syncope ≤1 hour

VIII. Hepatitis B vaccines

A. Anaphylaxis ≤4 hours

B. Shoulder Injury Related to Vaccine 

Administration ≤48 hours

C. Vasovagal syncope ≤1 hour

IX. Haemophilus influenzae

type b (Hib) vaccines

A. Shoulder Injury Related to Vaccine 

Administration ≤48 hours

B. Vasovagal syncope ≤1 hour

X. Varicella vaccines

A. Anaphylaxis ≤4 hours

B. Disseminated varicella vaccine-strain 

viral disease:

y Vaccine-strain virus identified

Not applicable

Disseminated varicella vaccine-strain 

viral disease:

y If strain determination is not done or 

if laboratory testing is inconclusive

7-42 days (not less than 7 days and 

not more than 42 days)

C. Varicella vaccine-strain viral reactivation Not applicable

D. Shoulder Injury Related to Vaccine 

Administration ≤48 hours

E. Vasovagal syncope ≤1 hour

XI. Rotavirus vaccine A. Intussusception 1-21 days (not less than 1 day and not 

more than 21 days)

XII. Pneumococcal

conjugate vaccines

A. Shoulder Injury Related to Vaccine 

Administration ≤48 hours

B. Vasovagal syncope ≤1 hour

XIII. Hepatitis A vaccines

A. Shoulder Injury Related to Vaccine 

Administration ≤48 hours

B. Vasovagal syncope ≤1 hour
D

Appendix D

Appendix D-13

Vaccine Illness, disability, injury

 or condition covered

Time period for first symptom or 

manifestation of onset or 

of significant aggravation after 

vaccine administration

XIV. Seasonal influenza vaccines

A. Anaphylaxis ≤4 hours

B. Shoulder Injury Related to Vaccine 

Administration

<48 hours

C. Vasovagal syncope ≤1 hour

D. Guillain-Barré Syndrome 3-42 days (not less than 3 days and not 

more than 42 days)

XV. Meningococcal vaccines A. Anaphylaxis ≤4 hours

B. Shoulder Injury Related to Vaccine 

Administration

≤48 hours

C. Vasovagal syncope ≤1 hour

XVI. Human papillomavirus 

(HPV) vaccines

A. Anaphylaxis ≤4 hours

B. Shoulder Injury Related to Vaccine 

Administration

≤48 hours

C. Vasovagal syncope ≤1 hour

XVII. Any new vaccine 

recommended by the Centers 

for Disease Control and 

Prevention for routine administration to children, after 

publication by the Secretary 

of a notice of coverage

A. Shoulder Injury Related to Vaccine 

Administration

≤48 hours

B. Vasovagal syncope ≤1 hour

(Applies Only to Petitions for Compensation Filed under the National Vaccine Injury Compensation Program 

on or after March 21, 2017)

Last revised January 2021