Most people don’t realize that to file a claim under the national vaccine injury compensation program, you don’t go to your local civil court.
You file in the court of federal claims, often called the vaccine court, part of the united states court system. The process is legal, not medical. That means you're not just telling your story, you're submitting a formal legal document backed by relevant medical records, matched against the vaccine injury table, and judged by a special master, not a jury.
Filing looks simple on the surface. It isn’t. The smallest mistake: missing a record, skipping a requirement, misidentifying a covered vaccine, can stop the case before compensation is even considered.
Filing a petition through the vaccine court isn’t a form you submit online. It’s a structured, formal process through the court of federal claims, part of the united states court system. The process begins long before the filing itself.
The vaccine program only covers certain vaccines, like human papillomavirus, hepatitis B, and new vaccines added to the vaccine injury table. You must confirm:
The vaccine is a covered vaccine under the table
The injury fits the table definition, or you must prove the vaccine caused it
The injury lasted over 6 months, required inpatient care, or injury resulted in death
Failing to match the injury correctly or filing for a vaccine not included on the table leads to immediate dismissal. This is where many independent filers go wrong, they misread the medical criteria or don’t present the additional evidence needed for off-table injuries.
You’ll need complete and well-organized medical records to file. That includes:
Treatment records before and after vaccination
Documentation showing the onset of symptoms
ER visits, specialist reports, surgical notes, rehab logs
Proof of disability, pain levels, and duration of symptoms
Evidence of lost wages, missed work, and functional limitations
The health and human services medical team reviews every page. Missing even one record or having inconsistent entries weakens the claim significantly. Many claims are denied simply because the relevant medical records don’t align with the timeline in the petition.
The petition must be drafted as a proper legal document, following the standards of the federal court. It must include:
Identity of the injured person or legal guardians if a minor
Name of the covered vaccine and date of administration
Detailed timeline showing how the vaccine caused the vaccine related injury
Specific claim for medical expenses, future medical expenses, and future lost wages
A demand for fair compensation
This isn't storytelling, it's a legal filing, and the special master expects precision. Your petition must match your treatment records exactly. Any contradictions will be questioned.
Once drafted, the petition is filed electronically with the court of federal claims. There is a filing fee, but in most cases, this can be reimbursed if the claim meets good faith standards. After filing:
A case number is assigned
All communication must go through the court’s secure system
You are now part of formal federal claims litigation
This is not a state process. You are now in a federal legal arena.
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After filing, you must serve the petition and supporting materials to the health and human services legal division and notify the united states department through proper channels. This step confirms that both the vaccine program and government counsel are aware of the case.
Improper service means your case is not legally active, even if you’ve filed everything correctly. This is a common, costly error for unrepresented filers.
Once the petition is active, you can submit requests for:
Legal costs involved in compiling and filing
Other legal costs such as expert witness fees, medical experts, and case analysis
Travel expenses if required for examinations or hearings
These are submitted separately from the main compensation request and must be clearly itemized. Every request must be justified and linked directly to the vaccine injury petitions process.
Though formal hearings come later, the special master begins reviewing as soon as your case is active. At this point, you may be required to submit:
Additional factual issues clarifying your timeline
Corrections to your legal document
More detailed information on your diagnosis or prognosis
Clarifications if your case deviates from the vaccine injury table
The early phase is all about getting the case through review. Many cases stall here if not fully documented and aligned with the court’s standards.
Every detail in a vaccine injury petition affects your final compensation. Errors aren’t just paperwork issues, they’re financial losses. Below are real potential consequences, shown through actual case types and settlement ranges from the vaccine court.
If your injury isn’t properly matched to the vaccine injury table, your case won’t be presumed valid. You’ll need expert medical opinions to prove causation. Without that, compensation can drop by over $100,000.
Example: A SIRVA case (shoulder injury) that matches the table may settle for $80,000 to $135,000. Without a proper match or causation proof, these same injuries can settle under $30,000, or be denied entirely.
Your medical records don’t just prove you were injured, they prove how long, how severely, and how it impacted your work and life. Missing records make it impossible to validate the full scope of the injury.
Example: Guillain-Barré Syndrome (GBS) settlements often reach $150,000 to $250,000, especially if hospitalization and rehab are shown clearly. Missing documentation on physical therapy or neurological symptoms can cut that down by half or more.
Lost wages must be proven with tax records, employer statements, or disability documents. Many petitioners undervalue or skip this entirely, not realizing the program compensates for past and future income.
Example: A petitioner who missed 12 months of work at $75,000/year but only claims three months due to lack of records can miss out on $56,000+ in compensation, not including future lost wages.
The VICP allows up to $250,000 for pain and suffering. Without clear, documented evidence of how the injury impacted your daily life: physical limitations, mental health, quality of life, the number awarded will be lower.
Example: Many Transverse Myelitis cases settle around $200,000 to $300,000 with full evidence. If the daily impact isn’t shown clearly, awards drop to $100,000 or less.
The vaccine trust fund pays for long-term needs like future surgeries, home care, therapy. But only if documented properly with medical projections and expert evaluations.
Example: A petitioner with ongoing nerve damage who doesn’t provide long-term care estimates could lose $100,000 or more in future medical expenses.
You have 3 years from the first symptom. Not the date of the vaccine. Not the diagnosis. Many people miss this because the symptom wasn’t clear at first or they thought they had more time.
Example: A missed deadline = no claim, no appeal, no settlement. That’s the full value lost, whether it was a $60,000 shoulder injury or a $250,000+ neurological case.
Even with everything else done right, if your legal document isn’t properly formatted, or you fail to serve health and human services correctly, the federal court may reject your case.
Example: One incorrect service step can void an entire petition worth $75,000 to $180,000 or more.
The VICP isn’t just legal, it’s federal. You’re not submitting paperwork to a local office. You’re building a case in a federal court, under a system designed to mirror litigation standards without the public-facing courtroom.
A vaccine injury attorney doesn’t just write up your symptoms. They perform legal analysis on every piece of your medical records and structure the petition to hold up in front of a specialized judge known as a special master. These are the people who issue the special master’s decision that decides whether you’re paid and how much.
At My Vaccine Lawyer, that includes:
Preparing all legal documents to court standards
Managing service to health and human services and the united states department
Coordinating with physicians to provide detailed information that meets the strict medical criteria
Tracking deadlines so your claim doesn’t fail before it begins
Valuing your compensation properly, so medical expenses, lost wages, travel expenses, and future medical expenses are all included
Submitting detailed breakdowns of expert witness fees, legal fees, and other legal costs so you don’t miss reimbursements
When mistakes happen, and they do with unrepresented filers, it’s not the traditional legal system where you can explain things in court. It’s a streamlined process built for precision. You don’t argue your case; the evidence does.
And once a special master rules, the decision is binding unless appealed through the federal circuit or to the supreme court, which rarely occurs and only for specific factual issues.
This is the kind of work our team has done across hundreds of vaccine cases, with settlements ranging from $60,000 to over $500,000, depending on injury type, length of treatment, and how well the case was built.
When a minor is injured by a covered vaccine, the claim must be filed by legal guardians. This isn't optional, the vaccine court requires that the child be represented properly under federal law.
The parent or guardian acts as the petitioner on behalf of the child. That means all legal documents, communications, and financial decisions run through the guardian. However, the claim still has to follow all normal federal claims procedures, including full proof of injury, causation, and compliance with the vaccine injury table.
Even though children often receive routine vaccinations like human papillomavirus or hepatitis B, they are subject to the same filing deadlines and standards. The united states court makes no exceptions for age when it comes to how the case is reviewed.
If compensation is awarded, funds are often placed in a structured settlement or restricted account to be used solely for the child’s benefit, including medical expenses, future medical expenses, and education-related costs.
At My Vaccine Lawyer, we don’t wait around for results. Our team takes an aggressive, thorough approach to every case, identifying overlooked compensation, filing airtight petitions, and pushing hard for fast, high-value resolutions. With millions recovered in vaccine cases involving SIRVA, GBS, transverse myelitis, and more, we know exactly how to get results in the vaccine court.
We handle the legal process from start to finish, including drafting the petition, collecting medical records, managing all deadlines, and dealing directly with the Department of Health and Human Services and the United States Court of Federal Claims.
If you’re serious about your case, we’re ready to help.
Contact My Vaccine Lawyer:
Phone: (800) 229-7704 or start with a free consultation and let us tell you exactly what your case is worth and how to win it.
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Mr. Muller currently devotes the majority of his law practice to aggressively fighting for the victims of unsafe drug and medical device injuries, as well as vaccine injuries and vaccine reactions involving the flu shot, TDaP/DTaP vaccine, and more. He has handled hundreds of SIRVA injury cases (shoulder injury related to vaccine administration), especially those involving bursitis, tendonitis, frozen shoulder, and rotator cuff tears. Mr. Muller also handles cases where vaccines caused serious nerve injuries such as Guillain-Barre Syndrome. Mr. Muller has recovered millions of dollars in compensation for his clients in the Vaccine Injury Compensation Program.
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