Vaccines, like any medication, can sometimes cause side effects. Most side effects are mild and go away on their own, while serious reactions, such as severe allergic reactions, are very rare.

In some cases, however, a person may believe they were seriously injured by a vaccine. The National Vaccine Injury Compensation Program (VICP) provides a way for eligible individuals to seek financial compensation if they can show that a covered vaccine caused a qualifying injury.

How Does the VICP Work?

The VICP is a no-fault alternative to the traditional legal system for handling certain vaccine injury claims. This means individuals do not have to prove negligence by a vaccine manufacturer or health care provider in order to seek compensation through the program.

People of any age who received a VICP-covered vaccine and believe they were injured as a result can file a petition. A parent, legal guardian, or legal representative can also file a petition on behalf of a child, an individual with a disability, or someone who has died.

What Happens After Filing a Petition?

After a petition is filed with the U.S. Court of Federal Claims, the case goes through a few steps.

First, medical staff from the U.S. Department of Health and Human Services (HHS) review the petition. They look at the claimed vaccine injury and decide whether it meets the medical rules for VICP compensation. Then, they give a first recommendation.

Next, the U.S. Department of Justice (DOJ) reviews the case. The DOJ prepares a report that includes the medical recommendation and a legal review, then sends it to the Court.

A special master then reviews the case and decides whether compensation should be awarded. In some cases, there may be a hearing where both sides can share evidence. If money is awarded, the special master also decides how much VICP compensation should be paid and what type.

If compensation is approved, the Court orders HHS to make the payment. Even if a petition is dismissed, the Court may still award attorneys’ fees and costs if certain rules are met.

A special master’s decision can also be appealed. In some situations, a person who disagrees with the decision, or decides to withdraw the petition, may later be able to file a civil case against the vaccine manufacturer or the health care provider who gave the vaccine.

Does the VICP Cover COVID-19 Vaccine Injuries?

No. COVID-19 vaccine injuries are handled differently. If you or a loved one believes you suffered a serious injury from a COVID-19 vaccine, you may be able to file a claim through the Countermeasures Injury Compensation Program (CICP) rather than the VICP.

The CICP provides compensation for certain covered serious injuries or deaths resulting from the administration or use of eligible countermeasures. These can include vaccines, medications, medical devices, or other products used to prevent, diagnose, or treat a public health emergency or address a security threat.

What if I Have a Vaccine-Related Injury?

You may reach out to the VICP for the vaccines they cover or the CICP for COVID-19 and other countermeasure vaccines to file a petition.