Vaccine Injury Statute of Limitations in 2026

You have a limited time to file a vaccine injury claim. Missing the deadline means you cannot recover compensation, no matter how strong your case is.

The VICP has awarded over $4.8 billion to claimants since inception. So make sure you get your claim in before the deadline is missed. The statute of limitations for filing a vaccine injury claim under the National Vaccine Injury Compensation Program (VICP) is strictly enforced. You have:

• Three years from the date of the first symptom of a vaccine-related injury
• Two years from the date of a vaccine-related death
• Death claims must also be filed within four years of the onset of the first symptom that led to the death

These deadlines apply to injuries caused by covered vaccines, including flu, MMR, Tdap, and others listed on the vaccine injury table published by the HRSA. The time limits are set by federal statute and enforced by the United States Court of Federal Claims. The deadlines do not change based on diagnosis, the severity of the condition, or when you became aware the injury was related to vaccine administration.

There is no grace period, extensions, or exceptions. Once the limitations period ends, your right to file and to recover financial compensation, is gone.

Does the Deadline Apply to Your Situation?

If you’ve suffered a vaccine-related injury, the clock starts ticking from the moment the first symptom appears, even if no one connected it to the vaccine at the time. That moment sets your deadline, not a diagnosis, second opinion, or the day you started treatment.

You’re within the filing window if:

• The first symptom of injury happened less than three years ago
• The injury has lasted at least six months, required surgery, or caused death
• The vaccine that caused it is listed as a covered vaccine under the Vaccine Injury Compensation Program

You’re out of time if:

• It’s been more than three years since symptoms began (for injury claims)
• It’s been more than two years since a vaccine-related death
• The first symptom occurred more than four years before the death was filed

Most people don’t realize they qualify until it’s almost too late. If there’s any uncertainty about dates or symptoms, it’s critical to get a timeline review immediately.

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What You’ll Need to Start a Vaccine Injury Claim

To determine if you’re eligible to file a claim under the Vaccine Injury Compensation Program, our attorneys will ask for specific documentation. These details are used to verify timing, medical qualification, and whether your case fits the VICP process.

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If you don’t have everything, that’s fine. Our attorneys will review what you do have and guide you through the rest. The review is free.

What Qualifies as a Vaccine Injury Under VICP

Not every post-vaccine health issue qualifies. The VICP recognizes specific conditions based on medical evidence, timing, and severity. Some are listed directly in the Vaccine Injury Table. Others require more documentation to prove, but both types fall under the same statute of limitations.

There is no separate filing deadline for off-table claims. Whether your injury is listed or not, you still have three years from the first symptom.

Recognized Injuries (Table Claims)

These are conditions with presumed causation if they meet timing requirements:

• Shoulder Injury Related to Vaccine Administration (SIRVA) — pain and reduced motion within 48 hours of injection
• Guillain-Barré Syndrome (GBS) — paralysis or weakness within 3 to 42 days after flu vaccine
• Brachial Neuritis — arm and shoulder nerve pain, typically after Tdap, within 2 to 28 days
• Vaccine-related seizures — often linked to pediatric vaccines, within the specified window
• Anaphylaxis — immediate allergic reaction post-vaccine
• And others

Off-Table Injuries That May Qualify

These aren’t listed in the table but can still be compensated if proven medically:

• Autoimmune conditions developing shortly after vaccination
• Neurological disorders with documented onset following a covered vaccine
• Unlisted inflammatory injuries causing long-term pain or mobility loss

Even if your injury is not on the table, you may still qualify, but the burden of proof is higher. Documentation, medical opinion, and precise timelines become critical.

Minimum Severity Required for Compensation

To file a valid claim, the injury must meet one of the following:

• Lasted more than six months
• Required hospitalization or surgical intervention
• Caused or contributed to death

These thresholds are enforced by Health and Human Services, and used to determine basic eligibility before any compensation is considered.

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Who Can File a Vaccine Injury Claim?

The VICP only allows certain people to file a claim. It depends on who was injured, whether the person is still living, and what their legal or medical status is.

If You Were Injured

If you received a covered vaccine and experienced a qualifying injury, you can file directly as the petitioner. You must still meet the deadline and severity rules.

If Your Child Was Injured

Parents or legal guardians can file on behalf of a child. The statute of limitations is not extended for minors. The three-year deadline still begins at the first symptom, even in infancy.

If a Loved One Died After Vaccination

You may file a wrongful death claim if you are the executor, administrator, or legal representative of the deceased’s estate. The two-year death deadline and four-year symptom rule apply.

If the Injured Person Cannot File

If the injured person is incapacitated, a legal guardian or authorized representative must file the petition. Supporting documents proving legal authority will be required during review.

You cannot file on behalf of someone without legal standing or without the required documentation. If you're unsure whether you’re eligible to file, our attorneys will review your situation and confirm.

Need a step-by-step breakdown of the VICP claims process?

Why You Need a Vaccine Injury Lawyer

The VICP claims process is federal, complex, and unforgiving on deadlines. You’re not filing with your local court, you’re submitting a formal petition to the United States Court of Federal Claims, where specialized rules apply, and your case is reviewed by Special Masters, not judges.

Our team at My Vaccine Lawyer has handled thousands of vaccine injury cases, including difficult off-table claims, shoulder injuries, and vaccine-related death petitions. We know how to document first symptoms, build timelines from medical records, and argue eligibility when symptoms aren't neatly recorded.

If you’re uncertain about timing, eligibility, or symptoms, our attorneys will review your information and tell you exactly where you stand. You’ll know if you have a claim, before you commit to anything.

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Vaccine Injury Claims, Compensation, and Legal Process

How much compensation is available through the VICP?

The Vaccine Injury Compensation Act allows up to $250,000 for pain and suffering and death benefits, plus full coverage for medical expenses, lost income, and future care. These are not capped if documented.

What is shoulder injury related to vaccine administration (SIRVA), and how is it compensated?

SIRVA occurs when a vaccine is injected too high or deep into the shoulder, damaging tissue and reducing motion. If pain starts within 48 hours and lasts over six months, it qualifies as a table injury under VICP. Average compensation for SIRVA claims ranges from $75,000 to $120,000, depending on severity.

How long does a vaccine injury claim take in vaccine court?

Most cases are resolved within 12–24 months. Straightforward table claims can settle faster. Off-table claims or those requiring medical expert testimony may take longer. VICP is a no-fault system, but it’s handled in the United States Court of Federal Claims, not a local court.

What’s the difference between a VICP claim and a vaccine lawsuit?

A VICP claim is filed in federal vaccine court against the U.S. Department of Health and Human Services, not the vaccine manufacturer. If you're ineligible or outside the deadline, your only option may be a traditional lawsuit, but these are rare, harder to win, and often dismissed due to legal protections for vaccine companies.

What if my vaccine injury isn’t on the injury table?

You can still file an off-table claim, but you’ll need strong medical evidence proving the vaccine caused your condition. These cases are more complex and make up roughly 25% of VICP payouts. Our experienced vaccine injury lawyershandle both table and off-table claims nationwide.

What does My Vaccine Lawyer charge to file a claim?

There are no upfront legal fees. If your claim is successful, our fees are paid directly by the VICP and do not reduce your award. If the claim is denied, we still do not charge you. We represent thousands of vaccine injury clients, including difficult, high-value cases.

What adverse reactions are most commonly compensated?

Among all adverse reactions covered by VICP, the most common are:

• SIRVA
• Guillain-Barré Syndrome
• Brachial Neuritis
• Anaphylaxis
• Seizures in children
  These reactions qualify when linked to covered vaccines and meet the severity threshold (6+ months, surgery, or death).

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