Why Is There a National Vaccine Injury Compensation Program (VICP)?

If you have a claim for a vaccine injury, seeking just compensation will not involve filing a lawsuit against the vaccine’s manufacturer. Instead, it will involve filing a claim under the National Vaccine Injury Compensation Program (VICP). Why is this the case, and how do you file a VICP claim? Vaccine injury attorney Leah V. Durant explains:

Why Do We Have the National Vaccine Injury Compensation Program (VICP)?

Congress established the VICP in 1986 to serve two related—but very different—purposes. Prior to the VICP’s establishment, individuals who were diagnosed with vaccine injuries would need to sue the vaccine manufacturers that were responsible for their injuries. While vaccine recipients who hired a vaccine injury attorney were able to file successful lawsuits in many cases, this system had two undesirable consequences:

• Since the vaccine manufacturers would vigorously defend against vaccine recipients’ lawsuits, seeking just compensation was a time and resource-intensive process.
• Despite the time and costs involved, many lawsuits were successful, and the cost of paying settlements and verdicts was putting a financial strain on vaccine manufacturers.

As a result, as the Health Resources & Services Administration (HRSA) explains, “lawsuits against vaccine manufacturers and healthcare providers threatened to cause vaccine shortages and reduce vaccination rates.” It was these concerns that led to the establishment of the VICP.

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

So, what, exactly, is the National Vaccine Injury Compensation Program (VICP), and how does it help prevent vaccine shortages and improve vaccination rates?

The VICP is a federal program that is funded by a federal excise tax on CDC-recommended vaccines. This federal excise tax applies to every single dose of a CDC-recommended vaccine administered in the United States; and, with hundreds of millions of CDC-recommended vaccines administered across the U.S. each year, the VICP has billions of dollars in funding available.

Under the VICP, individuals who have been diagnosed with qualifying vaccine injuries (and eligible family members whose loved ones have been diagnosed with qualifying vaccine injuries) can file claims for financial compensation with the federal government. If a vaccine recipient or family member is eligible to file a VICP claim, this generally means that the vaccine recipient or family member cannot sue the vaccine’s manufacturer. Thus, the VICP serves as a source of financial compensation for individuals and families while also protecting vaccine manufacturers from lawsuits—helping to address both of the concerns discussed above.

To be clear, the VICP does not cover all CDC-recommended vaccines. Instead, it covers those that are listed on the Vaccine Injury Table. The Vaccine Injury Table lists most of the vaccines that the CDC recommends for routine administration in the United States—including the flu shot, MMR vaccine and tetanus vaccines, among others—although it currently does not cover COVID-19 vaccines.

Another key aspect of the VICP is that filing a claim under the program still involves going to court. Specifically, it involves filing a petition in the U.S. Court of Federal Claims (which is commonly referred to as the Vaccine Court) in Washington D.C. As a result, while hiring a vaccine injury attorney to file a VICP claim is not legally required, it is strongly recommended.

Vaccine recipients and family members who file VICP claims can seek just compensation for their past, present and future losses resulting from their (or their loved one’s) vaccine injuries. This includes:

• Medical bills
• Other out-of-pocket expenses
• Lost income
• Pain and suffering (up to $250,000)

Given this, awards under the VICP have the potential to be substantial. Additionally, since the VICP pays claimants’ legal fees separately from their compensation awards, successful claimants do not have to pay contingency fees out of their settlements or verdicts.

How Do You File a Vaccine Injury Claim Under the VICP?

If you or a loved one has been diagnosed with a vaccine injury, how do you file a claim under the VICP? As we said above, since filing a VICP claim still involves going to court, it is important to have an experienced vaccine injury attorney on your side.

In fact, speaking with a vaccine injury attorney should generally be the first step in the process. When you schedule a free consultation, your attorney will walk you through everything you need to know about seeking just compensation for your (or your loved one’s) diagnosis. This will include walking you through subsequent steps in the process such as:

• Gathering Your (or Your Loved One’s) Vaccination and Medical Records – You will need thorough documentation of your (or your loved one’s) vaccination as well as the diagnosis and treatment you (or your loved one) has received.
• Documenting the Financial Costs You Are Entitled to Recover – You will also need thorough documentation of your medical expenses, outstanding medical bills, lost earnings, and other out-of-pocket losses.
• Calculating Just Compensation for Your (or Your Loved One’s) Pain and Suffering – You will need to work closely with your vaccine injury attorney to determine (and document) how much financial compensation to seek for your (or your loved one’s) pain and suffering.
• Preparing Your VICP Petition and Filing it With the Vaccine Court – Once you have all of the documentation you need, then you (or your attorney) can move forward with preparing your VICP petition and filing it with the vaccine court.

Once you file a VICP petition with the Vaccine Court, there are three potential outcomes in your case: (i) the Vaccine Court could deny your claim; (ii) the Vaccine Court could rule in your favor; or, (iii) you could reach a settlement with the government. Many successful VICP claims are resolved via out-of-court settlements. But, whether the government is willing to make a settlement offer (and whether it is in your best interests to accept the government’s offer) will depend on the facts of your case—and, to ensure that you are maximizing your chances of success, you will want to rely on experienced legal representation.

Request a Free Consultation with Vaccine Injury Attorney Leah V. Durant

Do you need to know more about filing a VICP claim? If so, we invite you to get in touch. Please call 202-775-9200 or contact us online to request a free consultation with vaccine injury attorney Leah V. Durant.