The National Vaccine Injury Compensation Program (VICP), which is sometimes referred to as the Vaccine Court, provides compensation to individuals who have been injured as a result of a vaccine. It was started in the 1980s, and since that time has paid billions of dollars in compensation to injured individuals.
It is a "no-fault" system. This means that you do not need to prove negligence to receive compensation, as you would need to do in a personal injury lawsuit. Instead, to qualify for compensation, you must have taken a vaccine that was covered under the program and suffered an injury as a result of that vaccine. If you qualify under the program and successfully navigate the legal process, the court will order payment from the U.S. Department of Health and Human Services.
What vaccines are covered under the program?
The VICP program covers a number of commonly-used vaccines, including:
- Human papillomavirus (HPV)
- Seasonal influenza
- Hepatitis A and B
- Haemophilus influenza type b polysaccharide conjugate
- Pneumococcal conjugate
If your injury was a result of a vaccine on this list, you may be able to file a claim for compensation through the VICP. If your vaccine is not covered under the program, you may still have a personal injury claim against the manufacturer of the vaccine.
Who can file a claim?
Any individual - of any age - can file a claim under the VICP. If you are a parent whose child has been injured, you can file on behalf of your child. Additionally, guardians can file on behalf of dependants, and individuals can file a claim on behalf of a loved one who has passed away.
How do you bring a claim?
To bring a claim under the Vaccine Injury Compensation Program, you need to file a petition with the U.S. Court of Federal Claims. Before filing a petition, you may wish to consult with an attorney who has experience in this area. A lawyer can help you understand whether you have a claim, draft a thorough petition and guide you through the legal process. The court may order the U.S. Department of Health and Human Services to pay your attorneys' fees and costs, even if your claim is dismissed.