If you or someone in your family experienced a serious health problem after receiving a vaccine, you may have heard the term “Vaccine Court.” You may also have questions about whether you qualify for compensation, how the process works, and what steps you should take next.

We understand that vaccine injury claims can feel complicated and stressful. Vaccine Act Lawyers focuses exclusively on Vaccine Act issues, and we are here to listen, explain your options in clear language, and help you understand the federal compensation process.

What Is “Vaccine Court”?

“Vaccine Court” is the informal name often used for the legal process under the National Vaccine Injury Compensation Program, or VICP.

The VICP is a federal, no-fault program created by Congress through the National Childhood Vaccine Injury Act of 1986. It provides compensation to people who are found to have suffered an injury or death related to certain covered vaccines.

The program is handled through the Office of Special Masters of the U.S. Court of Federal Claims. It is not a separate court called “Vaccine Court.” Instead, specially appointed Special Masters manage and decide vaccine injury petitions within the U.S. Court of Federal Claims.

The U.S. Court of Federal Claims explains the Vaccine Program as a less adversarial alternative to traditional civil litigation. You generally do not file a typical lawsuit directly against a vaccine manufacturer or health care provider. Instead, you file a petition for compensation against the Secretary of the U.S. Department of Health and Human Services.

How the National Vaccine Injury Compensation Program Works

The VICP is administered by several federal agencies:

• The Health Resources and Services Administration, or HRSA, administers the program and reviews medical information.
• The U.S. Department of Justice represents the Secretary of HHS in vaccine cases.
• The Office of Special Masters manages proceedings and decides whether compensation should be awarded.
• The VICP Trust Fund provides payment for approved awards.

The program is funded through a federal excise tax on covered vaccine doses. The person bringing a claim does not fund the program directly.

The goal is to provide a structured process for reviewing vaccine injury claims while preserving access to vaccines and allowing injured individuals to seek compensation under federal law.

Which Vaccines Are Covered?

The VICP does not cover every vaccine or every medical condition. Eligibility depends on the vaccine involved, the injury claimed, the timing of symptoms, and other legal requirements.

Covered vaccines are listed on the federal Vaccine Injury Table. The table identifies:

• Vaccines that may qualify for the program.
• Injuries or conditions associated with those vaccines.
• The time period in which the injury must begin.
• Additional requirements that may apply.

Covered vaccines may include certain influenza, measles-mumps-rubella, hepatitis, human papillomavirus, pneumococcal, tetanus, diphtheria, pertussis, and other vaccines. The list and requirements can change, so it is important to review the current Vaccine Injury Table and HRSA program information.

Vaccine Act Lawyers has additional information about covered vaccines, including pages addressing specific vaccines such as the flu vaccine and hepatitis vaccines.

COVID-19 vaccines are generally handled through the separate Countermeasures Injury Compensation Program, or CICP, rather than the VICP under current program guidance. The rules and benefits are different. If your claim involves a COVID-19 vaccine, you should obtain advice about the appropriate program and applicable deadline.

What Injuries May Qualify?

A claim may involve an injury listed on the Vaccine Injury Table. This is often called a table injury.

If the required vaccine was administered and the listed injury occurred within the required time frame, the law may allow you to rely on a presumption that the vaccine caused the injury. You still need appropriate medical and vaccination records, and other requirements must be satisfied.

A claim may also involve an off-table injury. This means the injury is not listed on the table, or it did not begin within the table's specified time period. Off-table claims can still be possible, but the person bringing the claim generally must present medical evidence showing that the vaccine caused the injury.

Common vaccine injury claims may involve conditions such as:

• Shoulder Injury Related to Vaccine Administration, commonly called SIRVA.
• Guillain-Barré syndrome, or GBS.
• Chronic inflammatory demyelinating polyneuropathy, or CIDP.
• Acute disseminated encephalomyelitis, or ADEM.
• Bell’s palsy.
• Complex regional pain syndrome, or CRPS.
• Significant aggravation of a pre-existing condition.
• Other serious injuries recognized under applicable law.

Each claim is different. The diagnosis alone does not determine eligibility. The medical history, timing, records, vaccine information, and legal requirements must be reviewed together.

What Are the Filing Deadlines?

Filing deadlines under the VICP are important and can be strictly applied.

For many injury claims, a petition must be filed within three years after the first symptom or significant aggravation of the injury. Death claims generally involve different requirements, including filing within two years after the death and within four years after the first symptom or significant aggravation that resulted in death.

The precise deadline may depend on the facts of your case and changes in the Vaccine Injury Table or applicable law. You should not assume that a deadline has passed without speaking with a qualified vaccine injury attorney.

The governing statute is found in 42 U.S.C. § 300aa-16. Because filing too late may prevent a claim from moving forward, please contact us at your convenience if you would like to discuss the timing of your situation.

What Is the Vaccine Court Process?

Although every case is different, a VICP claim generally follows several steps.

1. Review the Potential Claim

The first step is understanding what happened. We will listen to your account, identify important dates, and discuss the vaccine, symptoms, treatment, diagnosis, and recovery process.

2. Gather Medical and Vaccination Records

A claim usually requires evidence showing that the vaccine was administered and that a qualifying injury occurred. Helpful documents may include:

• Vaccination records.
• Medical records before and after vaccination.
• Emergency room and hospital records.
• Diagnostic testing.
• Specialist evaluations.
• Treatment records.
• Employment and wage information.
• Pharmacy records.
• Insurance information.
• Documentation of out-of-pocket expenses.

You do not need to organize everything perfectly before contacting us. We can explain which records may be important and help provide structure to the process.

3. Prepare and File the Petition

A formal petition is filed with the U.S. Court of Federal Claims. The petition identifies the vaccine, the claimed injury, the relevant medical history, and the compensation requested.

The petition is filed against the Secretary of HHS rather than directly against the physician or vaccine manufacturer. Current court procedures and filing requirements are available through the Office of Special Masters.

4. Medical and Legal Review

After filing, the Department of Justice responds on behalf of HHS. The parties may exchange medical records, written reports, expert opinions, and other evidence.

A Special Master oversees the case, establishes deadlines, and determines what proceedings are necessary. Some cases are resolved through written submissions. Others may involve status conferences, expert testimony, or an evidentiary hearing.

5. Settlement or Decision

A case may resolve through a negotiated settlement or through a decision by the Special Master.

A settlement does not necessarily mean that HHS formally agrees that the vaccine caused the injury. The terms and circumstances of each settlement are different. If the case proceeds to a decision, the Special Master reviews the evidence and applies the legal standards before issuing a ruling.

What Compensation May Be Available?

Depending on the evidence and applicable law, compensation may include:

• Past and future medical expenses.
• Rehabilitation and related care.
• Lost wages or loss of earning capacity.
• Pain and suffering, subject to statutory limits.
• Other allowable losses.
• Reasonable attorneys' fees and litigation costs in qualifying cases.

Compensation is determined on a case-by-case basis. No attorney can guarantee a particular result or award. We can, however, review the available information, explain the legal standards, and help you make informed decisions about your claim.

The HRSA VICP FAQ provides additional general information about the program and compensation.

Do You Need a Vaccine Injury Lawyer?

You are permitted to represent yourself, but VICP cases involve federal statutes, specialized procedures, medical evidence, and strict deadlines. An attorney who focuses on vaccine injury claims can help you understand how these requirements may apply to your circumstances.

Vaccine Act Lawyers focuses exclusively on Vaccine Act issues and federal vaccine injury compensation. We work hard to translate complicated legal and medical issues into language you can follow.

You do not have to handle this process alone. We will answer your questions, discuss practical next steps, and treat your concerns with respect throughout the process.

How to Begin a Vaccine Injury Claim

If you believe you or a family member may have suffered a covered vaccine injury, please consider taking these steps:

1. Write down the date and type of vaccine, if known.
2. Record when symptoms first appeared.
3. Keep copies of medical records and bills.
4. Note any missed work, school, or daily activities.
5. Avoid waiting until the deadline is close.
6. Contact a qualified vaccine injury attorney for an initial review.

You can learn more through our National Vaccine Injury Compensation Program resources and vaccine injury information.

Contact Vaccine Act Lawyers

A vaccine injury can create medical, financial, and legal uncertainty. Vaccine Act Lawyers is here to provide skilled, professional guidance focused on your needs.

We would like to learn more about what happened and determine whether we may be able to help. Please contact Vaccine Act Lawyers at your convenience and provide the basic information requested. Call us at 614-508-1677 or 888-343-9796 for a free consultation. 

Thank you for contacting Vaccine Act Lawyers. We will listen carefully, explain the process clearly, and help you understand your available options.

This article provides general information and is not legal advice. The VICP's requirements, Vaccine Injury Table, deadlines, and procedures may change. Please consult a qualified attorney about your specific circumstances.