Commonly Asked Questions About the National Vaccine Injury Compensation Program

1. What is the National Vaccine Injury Compensation Program (VICP)?
   
2. What vaccines are covered?
   
3. How are new vaccines added for coverage under the Program?
   
4. Who may file a claim?
   
5. What is the time frame in which to file a claim?
   
6. Whom can I contact to get more information about the Program?
   
7. How is the VICP funded?
   
8. How does the VICP work?
   
9. How is eligibility for compensation determined?
   
10. How many claims have been received by the Program and which vaccines are most commonly involved?
    
11. What is the amount of an award under the VICP?
    
12. How does the VICP protect vaccine administrators and vaccine manufacturers?
    
13. Under what circumstances may a vaccine administrator or manufacturer be sued?
    
14. Have there been changes to the Vaccine Injury Table?
    
15. What documentation are vaccine administrators required to keep?
    
16. What adverse events are health care providers required to report?
    
17. How many petitions have been filed under the VICP? Of those petitions filed, how many have been awarded compensation? How much money has been spent on compensation awards?

Vaccine Injury Table occurred; or

A petitioner must prove that the vaccine caused the condition; or

A petitioner must prove that the vaccine significantly aggravated a pre-existing condition.

The Vaccine Injury Table lists specific injuries or conditions and the time frames in which they must occur after vaccine administration. The Table is a legal mechanism for defining complex medical conditions and allows a statutory "presumption of causation." It is much easier to demonstrate a "Table Injury" than to prove that the vaccine caused the condition, and most claims allege that a Table Injury occurred. Compensation is not awarded, however, if the Court determines that the injury or death was due to a cause unrelated to the vaccine, even if it was a Table Injury.

In contrast to civil liability suits, hearings to determine eligibility under the VICP usually last only 1 or 2 days. A case found eligible for compensation is scheduled for a hearing to assess the amount of compensation. Most claims found to be noncompensable receive awards for attorney's fees and costs.

Vaccine Injury Table took effect that include addition of brachial neuritis and removal of encephalopathy for tetanus-containing vaccines, addition of thrombocytopenia and vaccine-strain measles virus infection, removal of residual seizure disorder for measles-containing vaccines, and addition of vaccine-strain poliovirus infection for live polio virus vaccine. Modifications also include the addition of three new vaccines: hepatitis B, Haemophilus influenzae type b, and varicella. The Rule also provides for "automatic " addition of future vaccines recommended by CDC for routine administration to children, although injuries for such vaccines will be specified only after additional rulemaking. Coverage for the three new vaccines went into effect August 6, 1997. All other Table changes become effective for all claims filed on or after March 24.

VICP "Monthly Statistics Report" lists the total number of petitions filed, adjudicated, and awarded by fiscal year (FY). In addition, the report lists the total amounts of awards paid beginning in FY 1990.

Last Updated August 13, 1997