National Childhood Vaccine Injury Act: Filing and Compensation

The National Childhood Vaccine Injury Act of 1986 created a no-fault federal program that pays compensation to people injured by certain vaccines, without requiring them to sue the doctor or manufacturer. Claims are filed with the U.S. Court of Federal Claims, decided by a Special Master, and resolved on average within two to three years. The program has paid roughly $5.5 billion and compensated more than 12,800 claims through early 2026.¹

The program is formally called the National Vaccine Injury Compensation Program, or VICP. To recover, you show that a covered vaccine caused a qualifying injury. You do not have to prove anyone was negligent.²

Which Vaccines the Program Covers

Only vaccines on the covered list qualify. As of March 2026, that list includes:

Diphtheria, tetanus, and pertussis vaccines (DTP, DTaP, Tdap, DT, Td, and TT)
Measles, mumps, and rubella (MMR and its individual components)
Polio, both oral (OPV) and inactivated (IPV)
Hepatitis A and Hepatitis B
Haemophilus influenzae type b (Hib)
Varicella (chickenpox)
Rotavirus
Pneumococcal conjugate (PCV)
Human papillomavirus (HPV)
Seasonal influenza (trivalent and quadrivalent)
Meningococcal vaccines

The Secretary of Health and Human Services can add vaccines as new ones enter the recommended childhood schedule.³

Several common vaccines fall outside the program. COVID-19 vaccines, non-seasonal (pandemic) influenza vaccines, the pneumococcal polysaccharide vaccine (PPSV), and the shingles vaccine are not covered here. Injuries from COVID-19 and pandemic influenza vaccines run through a separate program called the Countermeasures Injury Compensation Program (CICP), which has different rules, different deadlines, and a narrower scope of benefits.⁴ If someone received a seasonal flu shot (VICP) and a pandemic flu shot (CICP) at the same visit, both programs may be in play depending on the facts.

Who Qualifies to File

The injured person can file a petition. If the injured person is a minor or disabled, a parent, guardian, or other legal representative files for them. In death cases, the representative of the estate files.⁵

The vaccine must generally have been given in the United States or its territories. Exceptions apply to U.S. military members, federal employees stationed abroad, and U.S. citizens who return to the country within six months of receiving the vaccine overseas.⁵

p>The injury itself must clear a severity threshold. It must have lasted more than six months after vaccination, required hospitalization with surgery, or resulted in death.⁵ A short-lived reaction, however unpleasant, will not qualify.

Filing Deadlines

Deadlines are strict, and missing them is the most common way people lose the right to file.

Injury claims: three years from the first symptom of the vaccine injury.
Death claims: two years from the death, and no more than four years from the first symptom of the injury that led to the death.⁶

The court can extend a deadline through equitable tolling, but only rarely. A petitioner must show diligent pursuit of their rights and an extraordinary circumstance that prevented timely filing, such as fraud or deceit by the opposing party. Not knowing the program existed, general health problems, or unfamiliarity with the law are not enough. Even a serious diagnosis alone will not qualify unless it left the person entirely unable to manage their own affairs. Track the date of first symptoms from the beginning.

On-Table Versus Off-Table Injuries

The Vaccine Injury Table lists specific injuries linked to each covered vaccine and the timeframe in which symptoms must first appear.⁷ Where your injury sits relative to that table sets how much you have to prove.

On-Table Claims

If the injury matches an entry on the table and symptoms appeared inside the listed window, causation is presumed. You do not have to prove the vaccine caused the injury. The government can try to show another cause, but if it cannot, compensation follows.

Shoulder Injury Related to Vaccine Administration (SIRVA) is one of the most commonly filed on-table claims. Shoulder pain and limited range of motion must begin within 48 hours of vaccination, and SIRVA applies across nearly every covered injectable vaccine.⁸

Off-Table Claims

If the injury is not on the table, or symptoms appeared outside the listed timeframe, the petitioner carries the full burden of proving causation. Federal Circuit case law requires three showings: a medical theory connecting the vaccine to the injury, a logical chain of cause and effect showing the vaccine actually produced the injury in this person, and a reasonable time relationship between vaccination and onset. If the petitioner meets all three, the government can still try to show an unrelated cause. Off-table claims take longer and require expert medical testimony.

Documents You Will Need

The statute lists the records that must accompany a petition.⁵ At a minimum:

Vaccination records showing which vaccine was given, the date, and the location.
Pre-vaccination medical records. For children under five, this includes the mother’s prenatal and delivery records and the child’s medical history through the vaccination date.
Post-vaccination treatment records, including inpatient and outpatient records, provider notes, test results, and pharmacy records.
Death certificate and autopsy results, if the claim involves a vaccine-related death.
An affidavit explaining any required records that are missing and why you cannot obtain them.

Gathering records takes time, especially when treatment spanned multiple facilities. Start early, and match every treatment date to a source record before filing.

How to File the Petition

Petitions go to the U.S. Court of Federal Claims in Washington, D.C. Represented petitioners file electronically through the court’s system. Pro se petitioners file on paper by mailing the petition and supporting documents to the Clerk of the Court at 717 Madison Place, NW, Washington, DC 20439.⁹ The filing fee is $405, and a waiver is available for those who cannot afford it.¹⁰

The petition must identify the person vaccinated, the date and location of vaccination, and the injury, and state whether the injury is listed on the Vaccine Injury Table. You also state the compensation sought or reserve that question for later in the proceedings.⁹

Once filed, the case is assigned to a Special Master who handles the entire proceeding, schedules any hearings, weighs the government’s medical and legal analysis against the petitioner’s evidence, and decides the case. There is no jury. Most compensated cases resolve through negotiated stipulations rather than fully contested rulings.

What Compensation Covers

Compensation is divided into categories, each with its own rules.¹¹

Past and future medical expenses not covered by insurance or another program, including diagnosis, treatment, rehabilitation, special education, therapy, custodial care, special equipment, and related travel.
Lost earnings. For adults injured after age 18, actual and anticipated lost wages using standard actuarial methods. For those injured before 18, future lost earnings based on the national average gross weekly wage for private-sector workers.
Pain and suffering, capped at $250,000, covering physical pain and emotional distress from the injury.
A death benefit of $250,000, paid to the estate of a person who died from a vaccine-related injury.

Medical expenses have no statutory cap, so in cases involving lifelong care total awards can reach into the millions. The pain-and-suffering and death-benefit caps are fixed in the statute and have not been adjusted for inflation since the program began.

Legal Fees

The program pays reasonable attorney’s fees and litigation costs whether or not you win, as long as the petition was filed in good faith and had a reasonable basis.¹¹ Fees are awarded separately by the court. Attorneys are prohibited from charging petitioners anything beyond what the Special Master or court awards. That structure makes experienced counsel accessible to nearly every petitioner.

Appeals and the Right to Sue

If the Special Master rules against you or awards less than you believe is fair, you can file a motion for review with a judge of the Court of Federal Claims. The deadline is 30 days from the Special Master’s decision, with no extensions. Missing it waives review.⁹

After a final judgment, a second choice arrives. Within 90 days you must file a written election: accept the judgment, or reject it and file a traditional civil lawsuit for damages. That applies whether or not compensation was awarded. Failing to file an election within 90 days is treated as acceptance, permanently closing the door to civil litigation.¹²

Rejecting a VICP judgment to sue is a significant step. You lose the no-fault framework and must prove your case under state tort law, generally against well-funded manufacturers. Most petitioners accept the judgment, but the option exists as a safeguard.

1
Health Resources and Services Administration. National Vaccine Injury Compensation Program Monthly Statistics Report
2
Health Resources and Services Administration. About the National Vaccine Injury Compensation Program
3
Health Resources and Services Administration. Covered Vaccines
4
Health Resources and Services Administration. National Vaccine Injury Compensation Program
5
Office of the Law Revision Counsel. 42 USC 300aa-11 – Petitions for Compensation
6
Office of the Law Revision Counsel. 42 US Code 300aa-16 – Limitations of Actions
7
Office of the Law Revision Counsel. 42 USC 300aa-14 – Vaccine Injury Table
8
Health Resources and Services Administration. What You Need to Know About the National Vaccine Injury Compensation Program
9
United States Court of Federal Claims. Vaccine Rules Appendix B
10
United States Court of Federal Claims. U.S. Court of Federal Claims Schedule of Fees
11
Office of the Law Revision Counsel. 42 USC 300aa-15 – Compensation
12
Office of the Law Revision Counsel. 42 US Code 300aa-21 – Authority to Bring Actions