LEGAL STATUS ALERT: On March 16, 2026, a federal court issued a stay in the case of AAP v. HHS, affecting several 2025-2026 administrative updates to the Vaccine Injury Compensation Program (VICP). Some filing guidelines on this page may be in a state of Legal Pause. Consult a qualified attorney for specific filing advice during this litigation window. See: Litigation Database for further details.
The federal program that provides no-fault compensation to individuals injured by certain vaccines.
The National Vaccine Injury Compensation Program (VICP) is a federal program created in 1988 that provides compensation to individuals who have been injured by certain vaccines. The program was established under the National Childhood Vaccine Injury Act (NCVIA), which was enacted in response to concerns about vaccine safety and the potential for vaccine-related injuries to create financial hardship for affected families.
Unlike traditional tort litigation, the VICP is a "no-fault" alternative to lawsuits. Claimants do not need to prove that a vaccine manufacturer was negligent. Instead, they must demonstrate that they received a covered vaccine, suffered a covered injury, and meet other eligibility requirements.
The program is administered by the U.S. Department of Health and Human Services (HHS), with the U.S. Court of Federal Claims (the "Vaccine Court") adjudicating claims. Funding comes from a surcharge on each dose of certain vaccines.
The VICP operates on a no-fault basis. Claimants do not need to prove manufacturer negligence or wrongdoing. The program is designed to provide swift, fair compensation to those who experience certain adverse events following vaccination.
Claims are filed with the U.S. Court of Federal Claims. The claimant submits a petition along with required medical records and other documentation. The HHS then reviews the claim and prepares a report.
A Special Master (a judge specializing in vaccine claims) oversees the case. The process may involve hearings, expert testimony, and negotiations. Most cases are resolved through settlement rather than full adjudication.
The Secretary of Health and Human Services (HHS) administers the program through the Health Resources and Services Administration (HRSA). HHS reviews each petition, prepares a report on the claim, and makes recommendations to the Court.
The VICP covers vaccines recommended for routine administration in the United States. This includes:
The VICP maintains a "Vaccine Injury Table" that lists specific injuries and conditions presumed to be caused by vaccines. If an injury appears on the Table and meets the specified time requirements, compensation is presumed unless the government proves otherwise.
Successful claimants may receive compensation for:
Most VICP cases are resolved through settlement rather than full adjudication. In a settlement, the parties agree on compensation without the Special Master making a formal finding on causation.
Only a minority of cases go through full adjudication, where the Special Master issues a decision based on the evidence presented. In these cases, if the injury is on the Table and meets the timing requirements, causation is presumed.
The Vaccine Injury Table (the "Table") is a list of vaccines and the injuries, disabilities, illnesses, or conditions that are presumed to be caused by those vaccines. The Table is maintained by HHS and can be modified through regulatory processes.
When a claim involves an injury listed on the Table:
Claimants can also file "off-Table" claims for injuries not listed on the Table. However, in these cases, the claimant bears the burden of proving that the vaccine caused the injury by a preponderance of the evidence (more likely than not). These cases are more difficult to prove.
| Vaccine | Injury/Condition | Time Frame |
|---|---|---|
| MMR | Anaphylaxis | 0-4 hours |
| MMR | Encephalopathy | 5-15 days |
| Tdap/Td | Anaphylaxis | 0-4 hours |
| Tdap/Td | Shoulder Injury (SIRVA) | 0-7 days |
| Influenza | Guillain-Barré Syndrome | 3-28 days |
| Rotavirus | Intussusception | 1-21 days |