Vaccine Injury Law
Vaccines are designed to protect public health, yet in rare instances they can cause serious harm. Federal authorities established the National Vaccine Injury Compensation Program (VICP) under the National Childhood Vaccine Injury Act of 1986 to provide a specialized no-fault system for individuals who believe they have been harmed by certain vaccines. This system was intended to shield vaccine manufacturers from overwhelming litigation and to ensure the continued availability of vital vaccines. Individuals who file a claim with the VICP do not have to prove negligence, and compensation is paid from a fund supported by a tax included in the price of covered vaccines.
Vaccines Covered Under the VICP
The Health Resources & Services Administration maintains a list of vaccines commonly recommended for children and adults that qualify under the VICP. Examples include vaccines against influenza, measles-mumps-rubella (MMR), diphtheria, tetanus, pertussis, polio, hepatitis A, hepatitis B, varicella, rotavirus, Haemophilus influenzae type b (Hib), pneumococcal disease, human papillomavirus (HPV), and certain meningococcal diseases. As health recommendations evolve, additional vaccines may be added to the list. If a covered vaccine is believed to have caused an injury or a death, a claim can potentially be filed.
Establishing Eligibility and Proving Injury
A claimant seeking compensation must show that the covered vaccine caused or aggravated a medical condition. The federal government publishes a Vaccine Injury Table listing specific injuries and the timeframes in which they must occur to create a presumption of causation. If the injury or condition is on the table, and the symptoms began within the specified timeframe, causation is generally presumed. If it is not on the table, a claimant may still prove a connection through medical records and expert testimony. The injury must last at least six months, result in surgery and hospitalization, or cause death.
Evidence for Claims
Clear and thorough medical records are important when submitting a claim. Records should include the date, location, and type of vaccine administered, details surrounding the onset of symptoms, and all subsequent medical treatment. Testimony from doctors or specialists who can discuss the severity of the condition and its causal connection to the vaccine often strengthens a claim. Documentation showing how the injury has affected daily life and employability may also be necessary.
Filing a Claim on Behalf of a Minor
When a child is injured by a vaccine, parents or legal guardians can submit a claim in the VICP. The compensation may address both immediate medical needs and long-term care, should the child’s condition persist or result in lasting effects. If the vaccine-related injury causes a child’s death, their estate retains the right to seek compensation. The VICP sets time limits for filing such claims.
Time Limits for Filing a Claim
A personal injury claim generally must be filed within three years of the first sign of injury. For death claims, the filing deadline is two years from the date of death, and no more than four years from the first manifestation of symptoms that led to death. Failing to meet these deadlines generally forfeits any right to compensation through the program.
Types of Compensation
Successful claimants may receive compensation for past and future medical costs related to the vaccine injury. There is no cap on recovery for these medical expenses. Claimants may also recover for lost earnings if the injury has caused or will cause a reduction in earning capacity. Pain and suffering damages are limited to a maximum amount set by law, currently $250,000. If the vaccine injury results in death, the program may award up to $250,000 in addition to covered legal fees. These amounts are based on statutory parameters that may be reassessed over time.
How to File a Claim
A formal petition must be filed with the U.S. Court of Federal Claims to initiate consideration under the VICP. The petition should include information about the person who was injured or died, the covered vaccine at issue, and a comprehensive description of the medical condition. Medical records supporting the claim must be provided, including documents recording the timing of the immunization, onset of symptoms, and progression of the injury. Petitions must follow specific formatting and procedural rules. A filing fee is required unless the fee is waived for financial hardship.
Special Masters and the Review Process
After the petition is filed, a special master examines the case. The Department of Health and Human Services, along with an attorney from the Department of Justice, prepares a report discussing both the medical and legal aspects. The special master reviews this report and decides whether to award compensation and, if so, how much. If either party disputes the outcome, there are opportunities to appeal within the U.S. Court of Federal Claims, and subsequently to higher courts such as the U.S. Court of Appeals for the Federal Circuit.
Alternatives to the VICP
If the claim remains unresolved within the timeframe established by law, or if the petitioner rejects the program’s decision, a lawsuit in civil court may be filed. Traditional civil lawsuits involving vaccines typically demand a higher burden of proof and often focus on establishing negligence. This route can be more complex and expensive than the VICP and does not provide the same presumption of causation afforded by the Vaccine Injury Table. Some claimants may nevertheless choose a civil lawsuit to seek relief if they consider the outcome under the VICP to be insufficient or if the vaccine is not covered by the program.
