Vaccine Injuries Covered by the VICP

 

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Vaccine Injuries Covered by the VICP

 

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$150+ Million

Recovered for our clients.

5,000+

Clients represented nationwide.

2,000+

SIRVA cases filed.

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Google review rating.

The National Vaccine Injury Compensation Program, or VICP, can compensate for a qualifying injury caused by a covered vaccine. Some claims fit the federal Vaccine Injury Table and receive a legal presumption of causation. Others are off-Table claims that require medical records, expert evidence, and a supported causation theory.

The condition does not have to appear on the Table. But the vaccine must be covered, the injury must meet the program's severity requirement, and the petition must be filed on time. A diagnosis made after vaccination is not enough by itself.

VICP Coverage at a Glance

A VICP claim has five threshold questions:

  • Was the vaccine covered by the VICP on the date it was given?
  • Does the injury match the Vaccine Injury Table, including the vaccine pairing, first-symptom window, and federal definition?
  • If the claim is off-Table, can the evidence show that the vaccine caused or significantly aggravated the condition?
  • Did the injury last more than six months, require inpatient hospitalization and surgical intervention, or result in death?
  • Was the petition filed within the applicable statute of limitations?

These are separate requirements. Meeting one does not automatically satisfy the others.

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Vaccine Injury Lawyer

 

Awards and Associations

One or 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 LawyerPaul Brazil Super Lawyers - My Vaccine LawyerTop 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.

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The Current Vaccine Injury Table

The current federal Table applies to petitions filed on or after January 3, 2022. It pairs certain vaccine categories with defined injuries and onset periods. When the vaccine, injury, timing, and definition all match, causation is presumed unless another cause is shown. The full Table and its Qualifications and Aids to Interpretation control, not a short website summary.

The Table currently includes:

  • Anaphylaxis, SIRVA, and vasovagal syncope after specified injected vaccine categories, with onset windows of four hours, 48 hours, and one hour, respectively.
  • Brachial neuritis after a tetanus-toxoid-containing vaccine, with onset from 2 through 28 days.
  • Encephalopathy or encephalitis after a pertussis-containing vaccine within 72 hours, or after a measles-, mumps-, or rubella-containing vaccine from 5 through 15 days.
  • Chronic arthritis after a rubella-containing vaccine, with onset from 7 through 42 days and the additional federal criteria.
  • Thrombocytopenic purpura after a measles-containing vaccine, with onset from 7 through 30 days and the Table's platelet-count and exclusion criteria.
  • Vaccine-strain measles disease in an immunodeficient recipient, subject to strain testing and timing rules.
  • Paralytic polio and vaccine-strain polio infection associated with oral polio vaccine, subject to the Table's recipient and timing rules.
  • Disseminated varicella vaccine-strain disease and varicella vaccine-strain viral reactivation.
  • Intussusception after rotavirus vaccine, with onset from 1 through 21 days and specific exclusions.
  • Guillain-Barre syndrome after seasonal influenza vaccine, with onset from 3 through 42 days.

The Table also includes qualifying acute complications or consequences of a listed injury. It does not say that every event after vaccination was caused by the vaccine.

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Vaccine injury law is all we do.

 

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See some of our vaccine injury settlements in the VICP.

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Vaccine Injury Lawyer

MEET MAX

Max is a founding Partner of My Vaccine Lawyer and has been named a Super Lawyer every year since 2014.

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Max Muller, vaccine injury lawyer

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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Paul Brazil, vaccine injury lawyer

 

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Common Table Injury Claims

Off-Table Vaccine Injury Claims

Eligibility and Evidence

The strongest claim starts with complete medical records. Useful evidence commonly includes:

  • The vaccine name, administration date, dose, lot information if available, and injection site.
  • Records from before vaccination, especially for the same body part or medical condition.
  • The first symptom, who observed it, and how it changed.
  • Emergency, hospital, specialist, imaging, laboratory, therapy, and surgical records.
  • The diagnosis and other causes considered by treating providers.
  • Proof of duration, inpatient hospitalization and surgical intervention, disability, lost work, and ongoing care.

For an injury claim, the Vaccine Act generally requires symptoms or consequences lasting more than six months, inpatient hospitalization and surgical intervention, or death. A Table match does not remove this severity requirement. A VAERS report can show that an event was reported, but it does not prove causation and does not file a VICP petition.

Filing Deadlines

For most injury claims, a petition must be filed within three years after the first symptom or manifestation of significant aggravation. For a death claim, the general deadline is two years after death and no more than four years after the first symptom of the injury that resulted in death. The diagnosis date does not necessarily start the clock. Review the VICP statute of limitations as soon as a serious injury is suspected.

Compensation and Attorney Fees

A qualifying VICP award may include pain and suffering subject to the statutory cap, unreimbursed medical expenses, reasonable future care, and lost earnings. Death claims follow separate rules. The amount depends on the records and proven losses, not the diagnosis alone. Learn more about vaccine injury compensation.

Reasonable attorney fees and legal costs are handled separately under the Vaccine Act, subject to statutory requirements and court approval. They are not taken as a contingency percentage from the petitioner's compensation. A vaccine injury lawyer can evaluate the vaccine, injury, timing, severity, records, and deadline before a petition is filed.

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1. Contact Your Doctor

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

Frequently Asked Questions

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