7 Important Facts About the National Vaccine Injury Compensation Program (VICP)

The National Vaccine Injury Compensation Program (VICP) serves as a source of financial recovery for eligible individuals and families coping with the effects of vaccine-related injuries and illnesses. For vaccine recipients and family members who have questions about their legal rights, learning about the VICP is one of the first steps toward making informed decisions. Here are some key facts about the VICP from experienced vaccine injury lawyer Leah V. Durant:

Fact #1: The VICP Covers the Immunizations Listed on the Vaccine Injury Table

The VICP does not cover all vaccines that are available in the United States. Instead, it only covers those listed on the Vaccine Injury Table. While the Vaccine Injury Table lists most vaccines recommended for routine administration in the United States, there are exceptions. Most notably, COVID-19 vaccines are not currently covered under the VICP.

Fact #2: The VICP Covers Both “On Table” and “Off Table” Injuries

In addition to listing the vaccines covered under the VICP, the Vaccine Injury Table also lists certain medical conditions alongside each of the covered vaccines. These are referred to as “on table” injuries. While most VICP claims involve “on table” injuries, eligible vaccine recipients and family members can file claims for medical conditions that aren’t listed on the Vaccine Injury Table (known as “off table” injuries) as well.

The key difference between “on table” and “off table” injuries is that proof of causation isn’t required to file a claim for an “on table” injury. If a claimant has proof of a covered vaccination, proof of an “on table” injury diagnosis, and proof that symptoms onset within the timeframe specified on the Vaccine Injury Table, this is enough to establish a valid claim. Conversely, with “off table” injuries, proof of causation is required.

Fact #3: Proof of Fault Isn’t Required to File a VICP Claim

Regardless of whether a VICP claim involves an “on table” or “off table” injury, the claimant does not need to be able to prove fault. This makes VICP claims very different from claims against pharmaceutical companies and healthcare providers. Congress specifically designed the VICP as a no-fault system in order to help ensure adequate access to financial compensation for vaccine-related injuries and illnesses.

Fact #4: Strict Deadlines and Other Requirements Apply

While proof of fault isn’t required to file a VICP claim, other requirements apply. For example, all VICP claims are subject to strict deadlines. In most cases, the deadline to file a VICP claim is three years from the first onset of symptoms. However, exceptions apply, and in any case, there are benefits to initiating a VICP claim promptly upon receiving a vaccine-related diagnosis.

Substantive and procedural filing requirements apply as well. Initiating a VICP claim involves filing a petition in the U.S. Court of Federal Claims (which is commonly referred to as the Vaccine Court). If a petition does not meet all applicable requirements, this alone can lead to a denial.

Fact #5: VICP Claimants Can Seek Compensation for Their Present and Future Costs

When filing VICP claims, eligible claimants can—and should—seek compensation for the present and future costs of their (or their loved one’s) vaccine-related diagnosis. Costs covered under the VICP include present and future:

• Medical Bills – This includes all medical bills for diagnosing and treating the vaccine-related medical condition that is the subject of the claim.
• Other Out–of-Pocket Costs – This includes prescription medications, medical supplies, and other purchases necessitated by the vaccine-related diagnosis.
• Loss of Income – This includes loss of earnings, loss of benefits, and loss of future earning capacity in the event of a disabling or fatal vaccine injury or illness.

All VICP claims are unique, and when seeking compensation under the VICP, claimants must work with an experienced vaccine injury lawyer to accurately calculate the losses they are entitled to recover. While calculating future losses presents particular challenges, there are well-established methods for evaluating the lifetime costs of vaccine-related injuries and illnesses.

Fact #6: VICP Claimants Can Seek Compensation for Their (or Their Loved One’s) Pain and Suffering

Along with compensation for their financial costs, VICP claimants can also seek compensation for their (or their loved one’s) pain and suffering. While compensation for financial losses are uncapped under the VICP, compensation for pain and suffering is capped at $250,000.

Here too, while proving the “value” of pain and suffering can be challenging, there are well-established methods for doing so. An experienced vaccine injury lawyer will be able to assist claimants with documenting all of the financial and non-financial losses they are entitled to recover.

Fact #7: Vaccine Injury Lawyers Provide No-Cost Legal Representation for VICP Claims

Finally, vaccine injury lawyers provide no-cost legal representation for VICP claims. This is because the VICP covers claimants’ legal fees separately from their compensation awards. There are several ways that an experienced vaccine injury lawyer will be able to assist with filing a VICP claim, including:

• Filing a Petition that Meets All Substantive and Procedural Requirements – As noted above, claimants must meet several substantive and procedural requirements in order to establish their eligibility for compensation under the VICP.
• Negotiating for a VICP Settlement – Many successful VICP claims settle without going to a hearing. An experienced vaccine injury lawyer will be able to assist with calculating a fair settlement, negotiating with the government’s attorneys, and making an informed decision about when (and if) to settle.
• Pursuing Compensation in the Vaccine Court if Necessary – When settling is not a viable option, a claimant’s vaccine injury lawyer will be able to take the necessary steps to pursue compensation in the Vaccine Court.

These are just examples. If you have questions about hiring a vaccine injury lawyer to file a VICP claim, we invite you to contact us for a free initial consultation.

Schedule a Free Initial Consultation with an Experienced Vaccine Injury Lawyer

To schedule a free initial consultation with an experienced vaccine injury lawyer at Law Offices of Leah V. Durant & Associates, please call 202-775-9200 or contact us online. Once you get in touch, we will help you schedule an appointment at a time that is convenient for you.