Vaccine Injury Claims: Statute of Limitations Explained

As of 2025, the National Vaccine Injury Compensation Program (VICP) statute of limitations is strict: you have three years from the first symptom of a vaccine-related injury to file.

Know the Deadlines That Can End Your Vaccine Injury Claim

For vaccine-related death, the deadline is two years from the date of death, and the claim must be filed within four years of symptom onset if the vaccine was administered during pregnancy.

These deadlines apply to all vaccine injury claims brought under the National Vaccine Injury Compensation Program, handled in the United States Court of Federal Claims, commonly known as vaccine court. This is a federal court, not a state-level process, and it's overseen by special masters who rule on claims involving covered vaccines listed in the official vaccine injury table.

If you miss the deadline, you're barred from seeking compensation, regardless of how serious the injury or how clear the evidence. The timing matters more than the diagnosis, and many claims are lost because of delays in identifying the first symptom.

Time Limits for Vaccine Injury Claims (As of 2025)

The VICP sets fixed deadlines for every claim. These aren't flexible and apply whether the vaccine was recent or given years ago. The filing window depends entirely on when the first symptom appeared, not when you were diagnosed or when the link to the vaccine was confirmed.

Standard deadlines:

• Three years to file after symptoms of a vaccine injury begin

• Two years to file after a vaccine-related death, and no later than four years from symptom onset

• Claims must be submitted through the Court of Federal Claims, under federal jurisdiction, not state courts or local judges

Because this is a federal claims process under the National Vaccine Injury Compensation Program, your petition is reviewed within the specialized structure of the vaccine court, not the traditional legal system.

Missing these cutoffs means no review, no appeal, and no possibility of recovery. These deadlines apply to all recognized vaccine injury claims.

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How the Vaccine Injury Table Affects Your Filing Deadline

The vaccine injury table is a list of recognized injuries linked to specific covered vaccines. If your injury matches one on the table and the timing matches what’s listed, your claim is presumed valid. This speeds up the claim and helps secure full compensation faster. But that doesn’t extend your deadline.

You still need to file within the time limit that starts from the first symptom, not the date of vaccine administration.

Examples:

• SIRVA (Shoulder Injury Related to Vaccine Administration):
  If shoulder pain begins within 48 hours of a flu shot, and persists for months, it’s considered a table injury. But if you wait more than three years from when the pain started, your claim is no longer eligible.

• Brachial Neuritis after Tdap vaccine:
  Numbness or weakness beginning within 2–28 days may qualify under the table. Filing four years later, even with a confirmed diagnosis, won’t qualify.

• Guillain-Barré Syndrome (GBS) following flu vaccine:
  If symptoms begin within 3–42 days after the shot, it may be presumed caused by the vaccine. Filing late, even by months, means the presumption doesn’t matter.

Even with a table injury, late claims are automatically denied. If your injury isn’t listed, you’ll need stronger medical evidence but the deadline still stays the same.

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Special Rules for Children and Vaccine-Related Death

Many assume that children have more time to file a claim. They don’t. The VICP statute of limitations applies equally, regardless of age. When a vaccine-related injury occurs in a child, the three-year filing deadline still begins on the date of the first symptom, not when the child is diagnosed or starts treatment.

This is especially important with childhood vaccines, which are given on a fixed schedule, often starting in infancy. For injuries like encephalopathy, seizures, or brachial neuritis, delays in recognizing the symptoms can cost families the entire claim.

These rules are enforced by the Department of Health and Human Services, and there is no flexibility, even in tragic circumstances. The VICP was built to serve the public under federal law, but not to create ongoing liability for the federal government.

If a vaccine received led to complications resulting in death, a claim is only considered if it meets these strict time limitations and causation is proven with clear medical evidence.

Why Timing Mistakes End VICP Claims

Once a deadline passes, VICP claims are no longer eligible, no matter how serious the injury or how strong the evidence.

Even if your medical records clearly show a link between the vaccine and the injury, the claim won’t be reviewed if it wasn’t filed on time. The burden is entirely on the petitioner to track deadlines, begin gathering evidence, and submit full documentation within the window.

Delays often lead to losing out on medical expenses, lost wages, and pain and suffering compensation. Special masters in vaccine court can’t make exceptions for missed deadlines, even in cases involving severe adverse reactions.

This is exactly why you need a vaccine injury lawyer who knows how to protect your claim from being lost to a missed deadline or incomplete filing.

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What the VICP Covers and What It Doesn’t (As of 2025)

The Vaccine Injury Compensation Program only applies to injuries caused by covered vaccines listed in the official vaccine injury table. These are vaccines recommended for routine use and funded by a federal excise tax.

As of 2025, the VICP covers injuries from:

• Flu (Influenza)

• MMR

• Varicella (Chickenpox)

• Tdap

• Td

• Hepatitis A

• Hepatitis B

• Twinrix (Hep A + B)

• HPV

• Polio

• Rotavirus

• Pneumococcal conjugate

• Meningococcal

• And a few others listed by the Department of Health and Human Services

Certain vaccine brands and formulations may be covered under the VICP while others are not, even within the same vaccine category. Coverage can depend on factors like manufacturer, vaccine type, and how it’s listed on the official Vaccine Injury Table. To be sure your vaccine qualifies, contact My Vaccine Lawyer to confirm whether you may have a potential claim waiting.

The VICP does not cover:

• COVID-19 vaccines and other emergency-use countermeasures (handled under the CICP)

• Vaccines not routinely recommended by the CDC for children or pregnant women

• Products not subject to the federal excise tax

• Civil lawsuits against vaccine manufacturers

• Cases brought in state or federal court outside the vaccine court

• Product liability claims unrelated to vaccine administration

If you're unsure whether your vaccine qualifies under the VICP, contact us directly and we’ll confirm it for you.

Talk to a Vaccine Injury Attorney With a Proven Track Record

At My Vaccine Lawyer, we’ve recovered over $140 million for clients in all 50 states through the National Vaccine Injury Compensation Program. Our attorneys handle complex claims involving SIRVA, GBS, Parsonage-Turner Syndrome, and more and we do it with the experience that gets results.

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