How to File a VICP Claim

The National Vaccine Injury Compensation Program (VICP) provides compensation to individuals who suffer injuries believed to be caused by vaccines. This guide explains how to file a claim, what to expect, and what documentation is required.

Eligibility Requirements

• Covered vaccines: The vaccine must be included in the VICP-covered vaccines list
• Timing: Injury must have occurred within the time frame specified in the Vaccine Injury Table
• Severity: The injury must meet the severity requirements (death, hospitalization, surgical intervention, or residual effects)
• Filing deadline: Generally 3 years from the first symptom

The Vaccine Injury Table

The Table lists vaccines and the injuries/conditions presumed to be caused by them. If your injury is on the Table and occurred within the specified time frame, you do not need to prove causation.

• On the Table: Presumed causation — burden shifts to HHS to prove otherwise
• Off the Table: Petitioner must prove the vaccine caused the injury

Step-by-Step Filing Process

1. Obtain the petition form: Available at uscourts.gov/vaccine-forms
2. Gather medical records: All records documenting the injury and treatment
3. Include vaccination records: Proof of the vaccine administration
4. File with the US Court of Federal Claims: The "Vaccine Court"
5. Medical review: HHS reviews and provides a report
6. Special Master hearing: May be scheduled to resolve disputes
7. Decision: Compensation or dismissal

Required Documentation

• Completed Petition for Compensation form
• Medical records showing the injury
• Vaccination records (CDC Form 998 or equivalent)
• Affidavit from the petitioning individual
• Any expert medical opinions (if off-Table injury)

What Compensation Covers

• Past and future medical expenses
• Past and future lost earnings
• Past and future pain and suffering
• Attorney's fees (even for denied claims, in some cases)

Sources & Citations

• HRSA: VICP
• US Court of Federal Claims: Vaccine Court