What is the Statute of Limitations for Vaccine Injury Claims?

In most cases, recovering financial compensation for a vaccine injury involves filing a claim under the National Vaccine Injury Compensation Program (VICP). While the VICP is a federal government program that Congress established specifically for the purpose of making it easier to recover losses resulting from vaccine injuries. Filing a VICP claim is a judicial process and there is a strict statute of limitations that applies.

The Statute of Limitations for Vaccine Injury Claims is Three Years

The statute of limitations for filing a vaccine injury claim under the National Vaccine Injury Compensation Program is three years. This “limitations period” runs from the date of onset of symptoms or other first manifestation of the injury.

Importantly, this date may or may not be the date of vaccination. While some vaccine injuries can produce immediate symptoms, symptoms of other injuries may not become apparent for days – or even weeks – following immunization. For example, common periods of onset for symptoms of some of the most-common types of vaccine injuries include:

• Brachial neuritis – Two to 28 days
• Encephalopathy or encephalitis – Five to 15 days
• Chronic arthritis – Seven to 42 days
• Thrombocytopenic purpura – Seven to 30 days
• Guillain-Barre Syndrome (GBS) – Three to 42 days

These time periods are established by the VICP’s Vaccine Injury Table. Under the terms of the VICP, not only must a vaccine recipient or family member file a claim within the three-year statute of limitations; but, when filing a claim, it is also necessary to provide evidence that the vaccine recipient’s symptoms began within the time period stated on the Vaccine Injury Table. While this time period ranges from days to weeks for some types of injuries, for others it is measured in hours. For example:

• Symptoms of anaphylaxis must onset or manifest within four hours of vaccination
• Symptoms of shoulder injuries related to vaccine administration (SIRVA) must onset or manifest within 48 hours of vaccination
• Symptoms of vasovagal syncope must onset or manifest within one hour of vaccination

While you may have up to three years to file a claim under the National Vaccine Injury Compensation Program, if you have a claim, it is important to consult with a vaccine attorney right away. Your attorney will need to make sure that your medical records are sufficient to support a claim for compensation under the VICP, and it will take some time to prepare your petition. Additionally, it takes time for a VICP claim to go through the process, so you will want to file your claim promptly in order to make sure you receive just compensation as soon as possible.

Discuss Your VICP Claim with Vaccine Attorney Leah V. Durant

If you believe that you may be entitled to compensation under the National Vaccine Injury Compensation Program, we encourage you to contact us for a free, no-obligation consultation about your legal rights. To schedule an appointment with vaccine attorney Leah V. Durant, call 202-800-1711 or tell us how we can reach you online today.

Leah Durant Bio

Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.