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.
How to File a VICP Claim
Step-by-step guide to the National Vaccine Injury Compensation Program.
Overview
The National Vaccine Injury Compensation Program (VICP) is a no-fault federal program that provides compensation to individuals who may have been injured by covered vaccines. Filing a VICP claim does not require proving that a vaccine caused the injury — only that the injury meets the criteria set out in the Vaccine Injury Table or that causation is medically plausible.
Claims are filed in the U.S. Court of Federal Claims, also known informally as the "Vaccine Court." There is no filing fee.
Who Can File
Injured Individuals
Any person who received a covered vaccine and believes they suffered a vaccine-related injury may file a petition. There is no income or insurance requirement.
Parents & Legal Guardians
Parents or legal guardians may file on behalf of a child or a person who lacks legal capacity.
Estate Representatives
The estate of a person who died may file a claim if the death is alleged to be vaccine-related.
Time Limit
Petitions must be filed within 36 months of the first symptom of the alleged injury, or within 24 months of a vaccine-related death. Missing the deadline bars recovery.
Covered Vaccines
VICP covers vaccines recommended by the CDC for routine administration to children or pregnant women, including:
Step-by-Step Filing Process
Obtain Medical Records
Gather all medical records documenting the vaccine administration and subsequent injury. Records should include vaccination dates, lot numbers if available, and all treating physician notes.
Complete the Petition
File a petition with the U.S. Court of Federal Claims. The petition must include: petitioner's name and contact information, vaccine(s) received and date(s), description of injury, onset date, duration, and residual effects.
Serve the Secretary of HHS
A copy of the petition must be served on the Secretary of Health and Human Services (the respondent in all VICP cases) via the Department of Justice.
Special Master Review
A Special Master (a judicial officer of the Court of Federal Claims) is assigned to review the petition. The government's medical team reviews the claim and either concedes or contests it.
Compensation Decision
If the claim is conceded or the Special Master rules in the petitioner's favour, compensation is awarded. If denied, the petitioner may appeal to a Court of Federal Claims judge, the Federal Circuit, or the U.S. Supreme Court.
Accept or Reject Award
If compensation is awarded, the petitioner may accept the award (and waive the right to sue the vaccine manufacturer) or reject it and pursue a civil lawsuit, though civil suits face significant legal barriers.
What Compensation Covers
VICP compensation may include:
Unreimbursed Medical Expenses
Past and future medical expenses related to the injury
Lost Earnings
Compensation for past and future lost earnings
Pain and Suffering
Up to $250,000 for pain and suffering
Attorneys' Fees and Costs
Paid separately, win or lose
Death Benefits
Up to $250,000 for vaccine-related death
Getting Legal Help
Attorneys' Fees Are Covered
VICP pays reasonable attorneys' fees and costs regardless of whether the petition is successful, as long as it was filed in good faith with a reasonable basis. This means petitioners can obtain legal representation at no personal cost.
Finding a VICP Attorney
The Court of Federal Claims maintains a list of attorneys who practice before the Vaccine Court. The National Vaccine Injury Compensation Program website (hrsa.gov/vaccine-compensation) provides resources for finding representation.
Sources & Citations
Health Resources & Services Administration. VICP. hrsa.gov/vaccine-compensation, 2023.
U.S. Court of Federal Claims. Vaccine Act Decisions. uscfc.uscourts.gov, 2023.
42 U.S.C. §§ 300aa-1 through 300aa-34 (National Childhood Vaccine Injury Act of 1986).
HRSA. "How the VICP Works." hrsa.gov, 2023.