To bring a claim in the National Vaccine Injury Compensation Program, the injured party must have received one of the types of vaccines listed in the table below, such as the flu vaccine. The table covers almost every compensable vaccination. Certain less common or less available types of vaccinations are not included. For instance, the Anthrax vaccination is not included in the table largely because it is unavailable to the general public. It is only administered to certain members of the armed forces or research workers.
The table is structured to represent those who have been injured by a certain vaccine and which specific injury they suffered. An injured person's vaccine and vaccine injury must be covered under the table guidelines in order to file a claim under the Vaccine Injury Compensation Program. The injuries listed throughout the table are what the VICP recognizes to be linked to each of the covered vaccines. In order to move forward with a viable vaccine injury claim, the injured person must meet a few criterion.
As you will see in the Table graphic below, there are two (2) other columns to the right of the “Vaccine” column. The middle column is the “Illness, Disability, Injury or Condition Covered” column, followed by the third and final column "Time Period for First Symptom". The Vaccine Injury Compensation Program includes a provision that can be extremely beneficial to the injured parties. The provision states the court will 'presume that the vaccination caused the injury/condition,' if the injured party;
Presumption is a legal term that essentially means that if the injured party proves these three (3) things, he or she does not need to prove anything else. The burden is on the defendant, the Department of Health and Human Services, to disprove the claim. It is extraordinarily difficult for HHS to do this. Therefore, table injury claims are generally resolved through settlement fairly quickly.
In Column 1 the Vaccine Injury Compensation Program currently lists vaccines that are covered. The majority of these vaccines are recommended during the childhood vaccination schedule of which the program was originally created to cover. Below is a list of the aforementioned vaccines:
In Column 2 the VICP states all of the injuries, illnesses, and disabilities that are recognized to be linked with each vaccine. The most common injury seen filed in the Vaccine Court is a SIRVA injury, also known as a Shoulder Injury Related to Vaccine Administration. Below is a list of vaccine injuries covered under the table:
That being said, it is not always necessary to have a "Table Injury." In fact, most vaccine injuries are not table injuries. If you receive one of the listed vaccines and suffer any injury, you still may be entitled to compensation. When the injury is not a table injury, it simply means we must prove the injury was caused by the vaccination. For experienced vaccine injury attorneys like our team here at My Vaccine Lawyer, this is a regular occurrence. Click here for more information about how we prove your vaccine injury case.
It is crucial to report your symptoms to a medical professional or your doctor immediately. Having a strong case in the Vaccine Injury Compensation Program requires meeting criterion in Column 1, Column 2 and Column 3. A symptom or manifestation of an illness must be present following a vaccine administration. This is usually supported when an injured person mentions their symptoms to a medical professional or doctor and noted in their medical record. Each vaccine and linked vaccine injury have different time frame requirements. Below is a table example of a TDaP or DTaP vaccine:
The team at My Vaccine Lawyer has represented over 3,000 clients across the country for every type of vaccine injury and illness listed under the Vaccine Injury Table. Our vaccine injury lawyers are licensed to practice in the United States Court of Federal Claims and have years of experience filing "Table Cases" and "Non-Table Cases." That's right, it is possible to file a vaccine injury claim that does not exactly meet the VICP's criterion. With our team of attorneys and in-house medical experts, we will review your potential at no cost and determine the best course of action in pursuing a vaccine injury claim. Call My Vaccine Lawyer immediately to get started today.
"The professionals at My Vaccine Lawyer were 100% engaged from day one and very helpful during a stressful time. Phone calls and emails were always responded to immediately and our end goal was achieved." - Grace from New York
Page last reviewed and updated: December 2, 2020