Filing a petition with the National Vaccine Injury Compensation Program (VICP) begins a legal process managed by the U.S. Court of Federal Claims and its Office of Special Masters. If you are unsure what comes next, understanding the main steps can make the process more manageable. Our Vaccine Act Lawyers can explain the stages in plain language and help you understand what may be required in your case.

Each petition follows its own schedule. The Vaccine Act, the Vaccine Rules of the U.S. Court of Federal Claims, and the special master's orders guide the proceedings.

1. Filing the Petition and Assignment to a Special Master

A VICP case begins when a petitioner files a petition with the Clerk's Office of the U.S. Court of Federal Claims. The petition identifies the injured person, the vaccine and vaccination date, the injury claimed, and the requested relief. It must also include required supporting materials under 42 U.S.C. § 300aa-11 and the court's Vaccine Rules.

After filing, the chief special master assigns the case to a special master under Vaccine Rule 3. The special master manages the proceedings, oversees the development of the record, and ultimately decides whether compensation is payable and, if so, its amount. The court's Vaccine Claims and Office of Special Masters information explains the office's role.

2. Service and the Secretary's Initial Review

The petition must be served on the Secretary of Health and Human Services (HHS), who is represented in the case by the Department of Justice. The Clerk also serves a copy on the Attorney General. Vaccine Rule 2 sets out the service requirements, including the addresses and the electronic service option.

Under Rule 4, the government reviews the documents filed with the petition within 30 days to assess whether information needed to evaluate the claim is present. If relevant records appear to be missing, the government should notify the petitioner. The rule generally calls for the government's full report within 90 days after filing, unless the special master sets a different schedule after required documents are provided. That report presents the government's medical analysis and legal position; a general denial is not enough.

3. Status Conferences and the Scheduling Order

A special master may hold an early status conference within 45 days after filing. Under Vaccine Rule 5, the special master also holds a preliminary status conference within 30 days after the government files its report. At that conference, the special master can review the parties' positions, share tentative findings, and identify what information is still needed.

The special master may then issue a scheduling order setting deadlines and next steps. Periodic conferences may follow, giving the parties an opportunity to raise issues and help keep the case organized. You should keep track of requests for information and work with your representative to meet deadlines set by the court.

4. Medical Records, Affidavits, and Other Evidence

Building a complete medical record is an important part of a VICP claim. This can involve obtaining vaccination records, treatment notes, test results, hospital records, and records from relevant providers. Our guide to the medical records you need for a vaccine injury claim explains what is usually requested. The petition should include available records required by the Vaccine Act and Rule 2. If certain records cannot be obtained, an affidavit may need to describe efforts to obtain them and explain why they are unavailable.

Affidavits can also provide a detailed account of events and observations that are not fully reflected in medical records. Vaccine Rule 2(d) sets format requirements for the documents that accompany a petition, including bound volumes, a caption, a table of contents, and consecutive page numbers. Formal discovery is not automatic: under Vaccine Rule 7, an informal and cooperative exchange of information is the ordinary approach, and any formal discovery may require the special master's approval.

5. Settlement Discussions and Options for Resolving the Case

Settlement discussions with the HHS Secretary's representative are common and may take place at different points in the case. They are often informed by the medical records, the parties' legal positions, and any expert evidence. You can discuss proposed terms with your representative before deciding how to proceed.

A case may resolve through an agreement or stipulation for judgment. In some cases, the special master may decide the matter based on the written record without an evidentiary hearing, as permitted by the Vaccine Rules. A resolution by agreement is not guaranteed, and the special master remains responsible for evaluating whether the record supports an award.

6. Expert Reports and Causation in Off-Table Claims

When expert medical opinions are needed, the parties exchange reports explaining their experts' opinions and the basis for them. The special master sets the schedule and instructions for those reports in the scheduling order, and the parties may later present expert testimony at a hearing under Vaccine Rule 8.

For an off-Table claim, meaning a claim that does not meet the Vaccine Injury Table requirements in 42 C.F.R. § 100.3, the petitioner generally must prove causation in fact. In Althen v. Secretary of HHS, 418 F.3d 1274 (Fed. Cir. 2005), the Federal Circuit described a three-part standard: a medical theory connecting the vaccine and the injury, a logical sequence showing that the vaccine can cause that injury, and a medically appropriate temporal relationship. You can read a fuller explanation in our article on proving a vaccine injury when it is not on the Vaccine Injury Table.

7. Entitlement Hearing, Decision, and Damages

If the claim is litigated, the special master may hold an entitlement hearing. The petitioner and government can present evidence, including expert testimony, and witnesses may be questioned. The special master decides what format is appropriate for the case; a hearing is not required in every petition.

The special master issues a decision on whether the petitioner is entitled to compensation. If entitlement is established, the amount of compensation may be addressed in a separate damages phase. That phase can involve documentation of past expenses and lost earnings, as well as evidence about future care needs, potentially including a life-care plan. The Vaccine Act's compensation provisions are primarily set out in 42 U.S.C. § 300aa-15.

8. Judgment, the 90-Day Election, and Payment

After the special master's decision, a party generally has 30 days to seek review. If no motion for review is filed within that period, the Clerk enters judgment; judgment may be entered earlier if both parties give notice that they will not seek review. If review is requested, further proceedings can affect the path to judgment.

After judgment, you generally have 90 days to file an election either to accept the judgment or to file a civil action for damages, as provided by 42 U.S.C. § 300aa-21(a) and Vaccine Rule 12. If no election is filed within the deadline, the law deems that you elected to accept the judgment. This is an important deadline. Once a judgment is accepted, an award is paid from the VICP Trust Fund, subject to the program's procedures.

Attorneys' fees and costs are addressed separately under 42 U.S.C. § 300aa-15(e) and Vaccine Rule 13. A request must be filed within 180 days after judgment is entered or after an order concludes the proceedings, unless the special master orders otherwise, and it must be supported by detailed documentation. In some cases where no compensation is awarded, fees and costs may still be available if the statutory requirements are met. An award is not automatic.

This is the stage where many petitioners ask what they owe. A later post in this series will explain how the fee and cost process works, but please feel free to raise the question with us at any point in your case.

What You Can Do at Each Stage

You do not need to manage the procedural rules yourself, but the record you help build is the record the special master will review. These habits make each stage easier.

• Keep a running timeline. Note the vaccination date, the first symptom date, each provider seen, each diagnosis, and any change in your condition.
• Respond to record requests promptly. Give your representative a list of every provider, pharmacy, employer, and hospital that may hold relevant records.
• Keep the financial proof. Save explanation of benefits statements, receipts, mileage logs, and pay stubs or earnings records that show missed work.
• Describe your daily limits in your own words. An affidavit or declaration in your own voice can help show how the injury affected work, school, sleep, and self-care.
• Review every draft before it is filed. Read affidavits carefully, correct anything inaccurate, and ask questions about anything you do not understand.
• Watch the court's deadlines with us. Calendar each order the special master issues and confirm who is responsible for each filing.

Our Vaccine Act Lawyers will walk through each of these steps with you and explain why the information is being requested.

How Long Does a VICP Case Take?

The Vaccine Act includes a 240-day target for a decision. Under Vaccine Rule 10, the special master must issue a decision within 240 days after the petition is filed, exclusive of any periods of remand or suspension. It is not a guaranteed deadline for a final judgment or payment.

Suspensions help explain why some cases take longer. Under Vaccine Rule 9, the special master will grant an initial 30-day suspension on motion of either party, and may grant later suspensions for up to 150 additional days in total. Those suspended periods are excluded from the 240-day calculation. If a decision is not issued within the statutory period, the special master files a notice, and the petitioner then has 30 days to file a notice to continue or to withdraw the petition under 42 U.S.C. § 300aa-21(b).

A notice of that kind does not mean the case has been denied. It means there is a decision to make about whether to continue in the program or to withdraw. Our Vaccine Act Lawyers will explain that choice in plain language before you act.

Every case is different. The special master controls the schedule, and a case may take well beyond 240 days to resolve. You can learn more about how a petition fits into the overall process in our complete guide to filing a vaccine injury claim under the National Vaccine Injury Compensation Program.

The time limits that apply before you file are a separate question from the timeline after filing. Our article on Vaccine Act filing deadlines explains how the three-year and death-claim deadlines are measured from the date of first symptom, and you can read it on our vaccine injury blog.

For program background and eligibility information, please see our National Vaccine Injury Compensation Program resource page. You can also review the official HRSA VICP website and the U.S. Court of Federal Claims.

The Vaccine Rules and forms are published by the U.S. Court of Federal Claims and are amended from time to time. Please verify the current program and court language, rule numbers, forms, and deadlines with the official sources before relying on any step described here.

Braden Blumenstiel Legal Advocates Group focuses exclusively on Vaccine Act issues and federal vaccine injury compensation. Our Vaccine Act Lawyers will listen to your concerns, explain each stage as your case moves forward, and help you prepare the documentation the court and the program request. Please contact Our Vaccine Act Lawyers at your convenience.

Sources and Further Information

• HRSA: National Vaccine Injury Compensation Program
• U.S. Court of Federal Claims
• U.S. Court of Federal Claims: Vaccine Claims / Office of Special Masters
• 42 C.F.R. § 100.3: Vaccine Injury Table
• 42 U.S.C. § 300aa-11: Petitions for compensation
• 42 U.S.C. § 300aa-12: Court proceedings
• 42 U.S.C. § 300aa-15: Compensation and attorneys' fees
• 42 U.S.C. § 300aa-21: Authority to bring actions

For more information, call us at 614-508-1677 and 888-343-9796.

Disclaimer

This article provides general legal information and is not legal advice. Reading it does not create an attorney-client relationship. VICP eligibility, the outcome of a petition, and any compensation depend on the facts and applicable law. Braden Blumenstiel Legal Advocates Group and Our Vaccine Act Lawyers do not guarantee eligibility, a particular result, or compensation. Please consult a qualified attorney about your individual circumstances.