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How to Get Compensated for a Vaccine Injury

 

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Vaccine Injury Compensation

 

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$140+ Million

Recovered for our clients.

5,000+

Clients represented in the USA.

2,000+

SIRVA clients represented since 2012.

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VICP Requirements

Who Qualifies for Vaccine Injury Compensation?

The VICP is a no-fault system—you don’t have to prove anyone made a mistake. You must show you received a covered vaccine and suffered a qualifying injury within the filing deadline.

1Covered Vaccines

Your vaccine must be on the VICP’s covered list. This includes:

  • Flu shot (influenza)
  • Tdap, DTaP (tetanus, diphtheria, pertussis)
  • MMR (measles, mumps, rubella)
  • Hepatitis A and B
  • HPV (human papillomavirus)
  • Pneumococcal vaccines
  • Chickenpox (varicella)
  • Meningococcal vaccines

See the full list on HRSA’s website

2Qualifying Injury

Your injury must meet one of these criteria:

  • Lasted more than 6 months, or
  • Required hospitalization and surgery, or
  • Resulted in death

Common injuries we handle

  • SIRVA (shoulder injury from improper injection) — our most common case
  • Guillain-Barré Syndrome
  • Brachial neuritis
  • Anaphylaxis
  • Encephalitis
  • Transverse myelitis

Off-Table claims welcome. Your injury doesn’t have to be on the official Vaccine Injury Table—you can file with medical proof.

3Filed Within the Deadline CRITICAL

  • For injury: 3 years from first symptom
  • For death: 2 years from date of death, or 4 years from when the injury started

Example: Shoulder pain started January 15, 2022 after a flu shot → your deadline is January 15, 2025. Even if you realized the cause in 2024, the deadline doesn’t change.

The court cannot extend this deadline. We regularly turn away cases because people waited too long.

4Vaccine Given in the U.S.

The vaccine must have been administered in the United States or its territories (Puerto Rico, U.S. Virgin Islands, Guam, etc.). Limited exceptions exist for military personnel and federal employees overseas.

How Vaccine Injury Compensation Works

Fighting for Vaccine Injury Victims – Get the Compensation You Deserve

Real payouts for real injuries. Vaccine injury compensation can mean six figures in tax-free awards from the United States Court. Vaccine injury compensation exists because, in rare but real cases, vaccines cause harm. The people who receive these payouts aren’t anti-vaccine or chasing lawsuits—they’re parents, workers, and everyday individuals whose lives were changed after a covered vaccine caused a serious vaccine related injury. This includes pain, lost income, and massive medical costs that follow months or years of treatment. Through the Vaccine Injury Compensation Program, those who qualify can be fully compensated.

The system is run by a special master through the court of federal claims, not through a civil lawsuit or a battle with a private insurer. The funding doesn’t come from health care providers or a vaccine manufacturer. It comes from a $0.75 excise tax charged on every dose of vaccine made in the U.S., which fills the Vaccine Injury Trust Fund. That fund now holds more than $4 billion.

You don’t have to prove anyone made a mistake. You only need to file in good faith, with a reasonable basis and clear documentation. Most people who qualify never go to trial. Once the evidence is reviewed, the court can issue a direct payout to the person injured or their legal guardian.

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Vaccine Injury Compensation | My Vaccine Lawyer

 

How to Get Compensated

Follow these steps to navigate the VICP. We’ve guided 5,000+ clients and recovered $140M+. Here’s exactly what to do, what to gather, how long it takes, and who does what.

1Seek Treatment & Document

What to do: See a doctor immediately and say symptoms started after vaccination.

Gather:

  • Doctor notes & diagnoses
  • ER/hospital records
  • Imaging (X-ray, MRI, EMG/NCS)
  • PT notes & prescriptions

Timeline: Same day–48 hrs

You do: Get treated; state vaccine link & timing.

We do: Later, use these records to prove onset and severity.

Why it matters: prompt, clear records stop the government from arguing another cause or a minor injury.

2Gather Key Documents

What to do: Pull basic proof of vaccine, income, and costs.

Gather:

  • Vaccine card/clinic records
  • Pay stubs, W-2/1099, employer letter
  • Bills/receipts, mileage, equipment

Timeline: 1–3 weeks (we can help)

You do: Share what you have.

We do: Request anything missing from providers/employers.

3Consult a Vaccine Injury Attorney

What to do: Schedule a free case review.

We cover:

  • Eligibility & deadlines
  • Strength of medical evidence
  • What to expect next

Timeline: 24–72 hrs

You do: Send records; ask questions.

We do: Analyze and advise. No cost to you—VICP pays legal fees separately.

4File the Petition

What to do: Review and e-sign your declaration.

Included in filing:

  • Injury description & timeline
  • Complete medical exhibits
  • Damages (bills, wage loss, pain & suffering)

Timeline: 1–3 weeks after record review

You do: Confirm accuracy; e-sign.

We do: Draft, file in the U.S. Court of Federal Claims, serve HHS/DOJ. No travel needed.

5HHS Review

What to do: Share new treatment updates as they happen.

HHS examines:

  • Your medical records
  • Expert input & literature
  • Whether criteria for compensation are met

Timeline: ~6–12 months

Outcome: Concession, settlement offer (proffer), or opposition.

We do: Add evidence, answer questions, and push toward resolution.

6Settlement or Hearing

What to do: Approve strategy; decide on offers.

If settling (most cases ~90%):

  • We negotiate multiple rounds to maximize value
  • You approve final number

If hearing:

  • Evidence + expert testimony
  • Special Master issues decision

Timeline: Settlement/Prep ~3–12+ months

You do: Provide updates; testify if needed.

We do: Handle conferences, mediation, or hearing prep and presentation.

7Receive Compensation

What to do: Confirm final numbers and payment details.

What’s included:

  • Pain & suffering (up to $250,000)
  • Lost wages / diminished earning capacity
  • Past & future medical expenses
  • Attorney fees/costs (paid by VICP, not your award)

Timeline: Payment ~1–3 months after order

You do: Sign final docs; confirm pay method.

We do: Finalize stipulation/decision, coordinate Treasury payment, resolve liens.

If denied, you may appeal to a federal judge or pursue civil litigation (rare).

Real Case Timeline Examples

SIRVA (Flu)

  • Intake → Filing: ~5 weeks
  • Resolution: ~6 months post-filing
  • Why fast: clear onset + consistent PT + imaging

Guillain-Barré Syndrome

  • Intake → Filing: ~8 weeks
  • Resolution: ~14 months post-filing
  • Key: hospitalization + neurologist support

Off-Table (Transverse Myelitis)

  • Intake → Filing: ~10 weeks
  • Resolution: ~18–24 months
  • Note: expert causation + intensive records

Reminder: Timelines vary with injury type, record speed, and Court schedule. We set realistic expectations and update you at every milestone.

Awards and Associations

One of more of our attorneys have been recognized for the following:

Million Dollar Advocates Forum - My Vaccine LawyerCourt of Federal Claims Badge - My Vaccine LawyerMax Muller Super Lawyers - My Vaccine Lawyer-1Paul Brazil Super Lawyers - My Vaccine Lawyer-1Top 40 Under 40 - My Vaccine Lawyer

 

Hear Cheryl's Vaccine Injury Story

 

Cheryl, a former client of My Vaccine Lawyer, shares her experience with Shoulder Injury Related to Vaccine Administration (SIRVA) following a flu shot. She describes the sudden onset of pain, limited shoulder mobility, and a long recovery process that led her to seek legal help from attorney Max Muller.

With his support, Cheryl filed a successful claim through the Vaccine Injury Compensation Program and received a settlement covering her medical expenses, lost wages, and pain and suffering. SIRVA symptoms typically include sudden pain within 48 hours of vaccination, restricted range of motion, and discomfort that can last for weeks or months.

Speak to a Vaccine Lawyer

What Compensation Looks Like in the Vaccine Injury Compensation Program

Vaccine injury compensation includes three main categories: pain and suffering, lost wages, and medical expenses. These awards are issued by the court of federal claims and paid from the Vaccine Injury Trust Fund. Compensation is financial, not symbolic. It is based on the documented costs of the injury and the evidence presented by the claimant and their attorney. Some injuries lead to huge payouts, especially when long-term treatment or permanent disability is involved. This system exists to provide real benefits for injured individuals without relying on private insurance or civil lawsuits.

Pain and Suffering Compensation

Pain and suffering is capped at $250,000 under the vaccine injury compensation program, but the actual amount awarded varies by case. Factors include the intensity of symptoms, how long they lasted, the prognosis, and the emotional toll of the injury. These awards are not taxable, and attorneys fees are not deducted from them. The injured party receives the full amount awarded by the special master. In fatal cases, the cap also applies as a death benefit paid on behalf of the deceased. Proper medical records and clear documentation of adverse events are essential to support this part of the award.

Lost Wages and Future Earnings

Lost wage compensation is based on verified income that was reduced or eliminated due to a vaccine related injury. Petitioners must submit employment records, earnings history, and letters from physicians confirming medical restrictions. If the injury has long-term career consequences, compensation for future earnings may also be awarded. If workers’ compensation or short-term disability covered part of the time missed, the VICP pays the difference. Time frames for payment depend on when the claim is resolved and how quickly supporting documentation is submitted.

Medical Expenses, Past and Future

The program reimburses medical expenses that the injured person actually paid or still owes. This includes costs for hospital stays, medications, rehab, and therapies not covered by insurance. Future expenses, such as home care or modifications, may also be included if supported by expert reports and life care planning. Medicaid reimbursements go directly to the government, not the claimant. Expenses must be tied to the covered vaccine and documented through clear billing records from health care providers. Without detailed evidence, this portion of compensation may be reduced or denied.

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See some of our vaccine injury settlements in the VICP.

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Vaccine Injury Compensation | My Vaccine Lawyer

MEET MAX

Max is a founding Partner of My Vaccine Lawyer and has been a Super Lawyer for 11 years straight.

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MEET PAUL

Paul is a founding Partner at My Vaccine Lawyer and has been featured in the Washington Post and CBS News for his accomplishments.

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What Increases the Value of Your Compensation Claim

The amount awarded in vaccine injury compensation depends heavily on the detail and quality of your supporting evidence. Two people with the same diagnosis can receive very different amounts based on treatment history, level of documentation, and long-term impact. A claim supported by a physical therapist, orthopedic surgeon, and radiology reports will be more persuasive than one based only on a primary care visit. Stronger claims often include multiple treating physicians, detailed timelines, and consistent clinical observations from health care providers. The special master places greater weight on claims where there’s continuous care and visible disruption to daily function.

To increase the value of a claim, attorneys often submit expert declarations backed by medical research, life care plans that outline future medicine needs, and vocational assessments that calculate future earnings losses. These reports show the long-term burden of the injury, both medically and financially. If the injury requires daily management to reduce risk of complications or relapse, that is considered during valuation. Compensation increases when symptoms are chronic, limitations are significant, and long-term prevention is necessary. The more measurable and supported the losses are, the higher the award tends to be.

What People Have Actually Been Awarded in Federal Claims

In one of the largest SIRVA settlements handled by My Vaccine Lawyer, a client received $4,095,193 after developing Encephalitis from the TDaP vaccine. In another case involving Guillain-Barré Syndrome following the influenza vaccine, the petitioner was awarded $135,000 after her condition rapidly declined and eventually resulted in respiratory failure, quadriplegia and an extended stay in hospital.The award was based on medical evaluations from a neurologist, a functional capacity assessment, and documentation from both an occupational therapist and a treating physician.

One of the highest publicly reported VICP payout to date exceeds $101 million, awarded in a case involving brain injury to a baby following the MMR vaccine. The total included a structured settlement for lifetime medical care, education support, and lost earnings.

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Vaccine Injury Compensation | My Vaccine Lawyer

 

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The Legal Process for Vaccine Injury Cases

Vaccine injury cases follow a unique legal process. Since these claims are handled under the VICP, they require an attorney with experience in federal vaccine litigation. At My Vaccine Lawyer, we start with a free consultation to assess your claim. We then gather medical records, expert testimony, and supporting evidence to build a strong case. If a fair settlement isn’t offered, we are prepared to take your case to trial.

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1. Contact Your Doctor

If you suffered a vaccine-related injury, adverse effects or worsening symptoms, call your doctor immediately.

Still Have Questions?

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