Do I Qualify for Vaccine Injury Compensation?

If a flu shot, Tdap booster, pneumonia shot, or other routine immunization caused a serious injury, you may be entitled to federal compensation - without suing your doctor or the vaccine manufacturer.

The Vaccine Injury Compensation Program (VICP) has paid about $5.6 billion since 1988. It covers pain and suffering (up to $250,000), medical bills, long-term care, and lost income. The VICP pays our attorney's fees directly, separate from your award, and by law we can't charge you any other fee.

Does My Vaccine Injury Qualify? A Quick Checklist

You may have a claim if you meet these five criteria:

• Covered vaccine. Your vaccine is on the VICP's covered list: flu, Tdap/DTaP, MMR, hepatitis A or B, HPV, varicella, pneumococcal conjugate (Prevnar), meningococcal, rotavirus, polio, or Hib.

• Qualifying injury. You developed a condition on the Vaccine Injury Table (SIRVA, anaphylaxis, GBS, etc.) within the listed timeframe - or you can show through medical evidence that the vaccine caused your condition.

• Severity threshold. Your injury lasted more than six months, required inpatient hospitalization and surgery, or resulted in death.

• U.S. vaccination. The vaccine was given in the United States, its territories, or through the U.S. military abroad.

• Filed on time. Injury claims: within three years of first symptoms. Death claims: within two years of the death and four years of first symptoms.

Not sure about one or two? A vaccine injury lawyer can review your records at no cost.

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What Vaccines Are Covered by the VICP?

The VICP covers vaccines the CDC recommends for routine use in children or pregnant women. If your vaccine is on this list, you meet the first requirement.

 Note: The pneumococcal polysaccharide vaccine (PPSV23, sold as Pneumovax 23) is not a VICP-covered vaccine. Only pneumococcal conjugate vaccines are covered. If you are unsure which pneumococcal shot you received, we can review your vaccination records at no cost.

See the full Vaccine Injury Table for onset timeframes and regulatory details (42 C.F.R. § 100.3).

What Injuries Qualify for Compensation?

Any serious condition caused or significantly worsened by a covered vaccine can qualify. The law recognizes two categories.

What Is a "Table Injury"?

A Table injury is one the government already recognizes as vaccine-caused when symptoms start within a set timeframe. If yours qualifies, the law presumes causation - you do not have to prove it independently.

Common Table injuries:

• SIRVA: Shoulder pain and limited motion within 48 hours of injection. The most common VICP claim. Values generally run $35,000–$100,000 for non-surgical cases; $100,000–$210,000 for surgical cases. Every case is different, and past results don't guarantee a similar outcome.

• Anaphylaxis: Severe allergic reaction - throat swelling, difficulty breathing, rapid blood-pressure drop - within four hours.

• Brachial neuritis: Deep shoulder and upper-arm pain with muscle weakness, 2–28 days after a tetanus-containing vaccine.

• GBS (Guillain-Barré Syndrome): Progressive weakness starting in the legs and spreading upward, 3–42 days after a flu vaccine.

• Encephalopathy: Brain inflammation causing altered consciousness or seizures, within 72 hours (pertussis-containing) or 5–15 days (measles-containing).

• Intussusception: Serious bowel obstruction in infants within 21 days of rotavirus vaccine.

Review recognized vaccine injuries and symptoms to see if your condition matches.

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Can I File for an Injury Not on the Table?

Yes. "Off-Table" injuries are compensated every year. The difference: you must prove causation-in-fact through medical records and expert testimony.

Common off-Table claims:

• CIDP (chronic inflammatory demyelinating polyneuropathy)

• Transverse myelitis

• ADEM (acute disseminated encephalomyelitis)

• Bell's palsy

• Small fiber neuropathy

• Autoimmune conditions triggered after vaccination

Off-Table cases require stronger evidence, but they are won regularly. My Vaccine Lawyer has recovered over $150 million in verdicts and settlements, including off-Table neurological claims.

How Serious Does My Injury Need to Be?

Federal law requires at least one of these three thresholds (42 U.S.C. § 300aa-11(c)(1)(D)):

• Six-month duration - Your symptoms lasted more than six months after vaccination.

• Hospitalization and surgery - You were admitted to a hospital (not just an ER visit) and required surgery.

• Death - The injury resulted in death.

Shoulder soreness that clears up in two weeks does not qualify. SIRVA that still limits your range of motion six months later does.

See our guide on what to do after a vaccine injury to protect your claim from day one.

How Long Do I Have to File?

Because these deadlines can be complicated and are strictly enforced, individuals who believe they may have a claim should seek legal advice as soon as possible.

• Injury claims: File within three years of the first symptom.

• Death claims: File within two years of death and no later than four years after the first symptom.

The clock starts when symptoms first appear, not when you receive a diagnosis. If your arm hurt the day of your flu shot but you were not diagnosed with SIRVA until months later, the three-year period began the day of the shot.

Read more about the vaccine injury statute of limitations.

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How Does the VICP Claim Process Work?

The VICP is a federal legal process, not a traditional lawsuit. Cases are heard in the U.S. Court of Federal Claims by a Special Master - a judge dedicated to vaccine cases.

• 1. Case evaluation. Your attorney reviews your records and vaccination history to assess your claim.

• 2. Petition filed. A petition is filed with the Court of Federal Claims, along with your medical records.

• 3. HHS review. The Department of Health and Human Services reviews the petition and either recommends compensation or contests it.

• 4. Settlement or hearing. Approximately 75% of claims are resolved prior to full litigation. If not, the Special Master holds a hearing.

• 5. Award paid. The Vaccine Injury Trust Fund pays your award. The VICP pays our fees directly, so you never pay us.

Full details: How the Vaccine Injury Compensation Program works.

What Compensation Can I Receive?

Successful claims can recover:

• Pain and suffering - Up to $250,000 for physical pain, emotional distress, and reduced quality of life.

• Death benefit - $250,000 to the estate.

• Medical expenses - Hospitalizations, surgeries, rehabilitation, medications, imaging, and ongoing treatment.

• Future care - A life-care plan covering ongoing therapies and supportive services for permanent injuries.

• Lost wages - Income lost while unable to work, plus projected future losses.

• Attorney fees - Paid separately by the program. Your award is not reduced by legal fees.

SIRVA values generally run $35,000–$100,000 for non-surgical cases; $100,000–$210,000 for surgical cases. Every case is different, and past results don't guarantee a similar outcome. Severe neurological injuries such as GBS or CIDP can exceed $1 million.

What Are the Most Common Vaccine Injuries That Qualify?

Can I Get Compensation for a Flu Shot Injury?

Yes. Flu vaccines generate more VICP claims than any other vaccine. Qualifying injuries include:

• SIRVA - shoulder pain and limited motion within 48 hours

• GBS - progressive leg weakness spreading upward, onset 3–42 days

• Brachial neuritis - severe arm/shoulder pain with weakness, onset 2–28 days

• Anaphylaxis - severe allergic reaction within 4 hours

Flu shot injuries and your legal options.

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What About Tdap, Tetanus, or DTaP Injuries?

Tetanus-containing vaccines carry well-documented risks for shoulder and nerve injuries:

• SIRVA - within 48 hours

• Brachial neuritis - 2–28 days post-vaccination

• Anaphylaxis - within 4 hours

• GBS - documented in some off-Table cases

Tdap and DTaP vaccine injuries.

Are Pneumonia Vaccine Injuries Covered?

Pneumococcal conjugate vaccines (PCV13, PCV15, PCV20, brand names Prevnar 13, Prevnar 20, Vaxneuvance) are covered by the VICP for SIRVA and vasovagal syncope on-Table, and off-Table claims have also succeeded. The pneumococcal polysaccharide vaccine (PPSV23 / Pneumovax 23) is not a VICP-covered vaccine. Because many adults receive both types, the specific product recorded in your vaccination record determines whether you can file. We review those records at no cost to confirm which vaccine you received.

In a landmark case, My Vaccine Lawyer attorney Max Muller proved for the first time that a pneumonia vaccine caused Guillain-Barré syndrome, setting precedent for future pneumococcal-GBS claims.

What If My Vaccine Caused Nerve Damage?

Nerve damage from vaccines results from either injection-site trauma (needle placed too high or too deep) or an immune response that attacks nerve tissue. Common nerve injuries include:

• Brachial neuritis - shoulder and arm nerve inflammation

• Ulnar neuropathy - tingling, weakness, and grip loss in the hand

• GBS - immune-mediated peripheral nerve damage

• CIDP - chronic progressive inflammatory nerve disease

• Small fiber neuropathy - burning pain and autonomic dysfunction

Learn about brachial neuritis claims and the evidence needed to prove nerve injury.

What Evidence Do I Need?

Strong records are the foundation of every successful VICP claim. Gather the following:

• Vaccination record - vaccine name, date, lot number, injection arm, and administering provider.

• Same-day medical notes - records from the pharmacy, clinic, or hospital where you received the shot.

• ER or urgent care records - if you sought care shortly after vaccination.

• Primary care and specialist records - all visits, referrals, and notes documenting your symptoms - especially the earliest mention.

• Imaging - MRI, X-ray, or ultrasound showing structural damage (critical for SIRVA).

• Nerve studies (EMG/NCS) - required for brachial neuritis, GBS, CIDP, or any neuropathy claim.

• Surgical records - operative reports and post-surgical notes.

• Pharmacy records - prescriptions for pain medication, steroids, or immunoglobulin.

• Employment records - pay stubs, employer letters, or disability documentation showing lost income.

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Frequently Asked Questions

How do I know if my vaccine is covered by the VICP?

The VICP covers all vaccines the CDC recommends for routine use in children or pregnant women that are listed on the Vaccine Injury Table (42 C.F.R. § 100.3). This includes flu, Tdap/DTaP, MMR, hepatitis A and B, HPV, varicella, pneumococcal conjugate, meningococcal, rotavirus, polio, and Hib vaccines.

Do I need a lawyer to file a VICP claim?

No, but it is strongly recommended. The VICP involves federal procedural rules, strict evidence requirements, and medical causation standards.

What if my injury is not on the Vaccine Injury Table?

You can still file. Off-Table claims require proof of causation-in-fact through medical records and expert testimony. Many successful VICP claims involve off-Table injuries.

How long does a VICP claim take?

It is difficult to predict how long a claim will take. It depends on the complexity of the case and the issues involved, as well as the position the government takes on the case. Some cases can resolve as quickly as 18 months. Other more complicated cases can take 3-4 years or more depending on various factors.

Does filing a VICP claim cost me anything?

No. Under the Vaccine Act, the program pays reasonable attorneys' fees and costs directly, on top of any compensation you receive. They may be paid even if a claim is unsuccessful, as long as it was filed in good faith with a reasonable basis. By law, we can't charge you any other fee, including a percentage of your award.

What is the difference between the VICP and a malpractice lawsuit?

The VICP is a no-fault federal program. You do not sue your doctor or the manufacturer. You file a petition against the Secretary of HHS, and a Special Master decides the case. You only need to show the vaccine caused the injury - not that anyone was negligent.

Can I file a VICP claim for my child?

Yes. A parent or legal guardian can file on behalf of a minor. The same requirements apply.

What if I had a pre-existing shoulder condition?

You may still qualify. The VICP covers cases where a vaccine significantly aggravated a pre-existing condition beyond its natural progression.

Can I file if I already received workers' compensation?

Yes. Workers' compensation payments for the same injury may be offset against your VICP award. One of our attorneys can explain how this affects your case.

What happens if the VICP denies my claim?

You can request review by a judge of the Court of Federal Claims, appeal to the U.S. Court of Appeals for the Federal Circuit, or reject the decision and file a civil lawsuit (with limitations on manufacturer liability).

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