Each fiscal year, the Health Resources and Services Administration (HRSA) publishes year-end data on claims filed under the National Vaccine Injury Compensation Program (VICP). It recently released its year-end report for the 2023 fiscal year (which ended on September 30), and the data in the report shed light on some interesting trends. In this article, vaccine injury lawyer Leah V. Durant shares her insights and key takeaways for individuals and families who are coping with the effects of vaccine-related injuries and illnesses.
Total Claims Adjudicated Increased to Highest Number in Over a Decade
In the 2023 fiscal year, the U.S. Court of Federal Claims (also known as the “Vaccine Court”) adjudicated 1,238 claims. This slightly surpassed FY2022’s total of 1,209 claims, and it was the highest total in over a decade. As the HRSA’s report notes, “[o]n average, it takes 2 to 3 years to adjudicate a petition after it is filed,” so the substantial majority of these claims were likely filed in prior years. This suggests that the Vaccine Court is beginning to process claims more quickly—which is good news for those who need to seek just compensation for vaccine-related injuries and illnesses.
The Number of VICP Claims Filed in FY2023 was on Par with the Average in Recent Years
A total of 1,167 individuals and families filed claims under the VICP in the 2023 fiscal year. This represents a fairly significant increase from the prior year (in which 1,029 claims were filed), but is roughly on par with the average since 2016. Prior to 2016, the number of claims filed was consistently lower—well under 1,000 per year—with notable exceptions in 2003 and 2004.
The recent increase in filings likely reflects growing awareness of the National Vaccine Injury Compensation Program. While the VICP remains relatively unknown, there is more information about the program available online than there was in years past. This is a good thing. The VICP exists specifically to help individuals and families who have been affected by vaccine-related injuries and illnesses, and it is important that people know about the program if they need help managing the financial and non-financial costs of their (or their loved ones’) medical conditions.
Total Compensated Claims Declined in FY2023
Although the total number of adjudicated VICP claims increased in FY2023, the total number of cases adjudicated as compensable declined. While the Vaccine Court adjudicated 939 claims as compensable in FY2022, this number dropped to 906 in FY2023.
What accounts for this disparity? It’s hard to say. But, it is possible that as awareness of the VICP grows, more people are filing claims on their own—without the help of an experienced vaccine injury lawyer. Filing a VICP claim is a complex legal process; and, in many cases, claimants have a lot at stake. As a result, hiring an experienced vaccine injury lawyer is extremely important.
Individuals and families filing claims under the National Vaccine Injury Compensation are entitled to no-cost legal representation. This is because the VICP pays claimants’ legal fees separately from their compensation awards. As a result, if you have a claim, there is no reason not to hire an experienced vaccine injury lawyer to handle your VICP claim on your behalf.
Total Compensation Paid Also Declined in FY2023
Along with the decline in compensated claims in FY2023, the total compensation paid under the VICP declined in FY2023 as well. In the 2023 fiscal year, the VICP paid a total of just under $124 million to successful claimants. The average VICP award in 2023 was approximately $140,000.
In contrast, the VICP paid a total of nearly $196 million to successful claimants in FY2022, with an average award of more than $211,000. Here, too, the reason for this disparity is unclear, but it may also have to do with more individuals attempting to handle their VICP claims on their own.
Flu Shot-Related Claims Account for More Than Half of All Successful VICP Petitions
The National Vaccine Injury Compensation Program has compensated 10,371 claims since its establishment in 1988. More than half of these compensated claims (5,984) involved flu shot-related injuries and illnesses. This is the largest percentage by a substantial margin, with claims related to the diphtheria, tetanus and pertussis vaccines coming in a distant second.
Our Firm Handled Approximately Five Percent of All Successful VICP Claims in FY 2023
In the 2023 fiscal year, our firm handled approximately five percent of all successful claims filed under the National Vaccine Injury Compensation Program. We helped our clients recover approximately $7 million in compensation, with awards ranging from $8,500 to $1.06 million. Our average award was roughly in line with the overall average for FY2023.
Consistent with the overall statistics under the VICP, the substantial majority of the claims our firm filed in FY2023 involved flu shot-related medical conditions. We also filed claims involving illnesses and injuries linked to the hepatitis B vaccine; human papillomavirus (HPV) vaccine; and tetanus, diphtheria and pertussis (Tdap) vaccine. The majority of our clients were diagnosed with shoulder injuries related to vaccine administration (SIRVA), and we handled claims involving vaccine-related brachial neuritis and Guillain-Barre Syndrome (GBS) as well.
FY2024 is On Pace to Surpass FY2023
So far, FY2024 is on pace to surpass FY2023 in terms of both compensated claims and total compensation awarded. Through the first two months of the 2024 fiscal year, the HRSA is reporting 260 compensation awards and a total compensation amount of just over $32 million. If the rate of compensated awards and average award amount remain steady through the rest of the year, we will see a return to numbers consistent with recent prior years.
Request a Free Consultation with Vaccine Injury Lawyer Leah V. Durant
Do you need to know more about the National Vaccine Injury Compensation Program? If you or a loved one has been diagnosed with a vaccine-related injury or illness, we invite you to get in touch. To request a free consultation with vaccine injury lawyer Leah V. Durant, please call 202-800-1711 or contact us 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.
Leah Durant 
Discussion
No comments yet.