What is the Vaccine Injury Table?
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 vaccine injury table. The table includes every compensable vaccination. Certain vaccinations are not included. For instance, the Anthrax vaccine and smallpox vaccine are not included in the table largely because it is unavailable to the general public or from your family healthcare provider. It is only administered to certain members of the armed forces or research workers.
Hear Cheryl's Vaccine Injury Story
Cheryl suffered SIRVA (shoulder injury related to vaccine administration) following a flu shot. Her vaccine injury claim was filed in the VICP by vaccine lawyer Max Muller where she obtained a large cash settlement for her pain and suffering, lost wages and out of pocket medical expenses.
How the Vaccine Injury Table Works
As you will see in the Table graphic provided at the top of the page, 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:
- Received a vaccine listed in the "Vaccine" column, and
- Developed an illness, disability, injury, or condition listed in the middle column, and
- Within the time period listed in the far right column.
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 Administration, to disprove the claim. It is extraordinarily difficult for HHS to do this. Therefore, table injury claims are generally resolved through settlement fairly quickly.
Covered Vaccines Under the Table
In Column 1 of the Table, 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:
- Trivalent and Seasonal Influenza vaccines (FluMist, a live attenuated influenza virus vaccine; and injectable influenza vaccines FluShield, Fluvirin, Fluzone, and Afluria)
- Tetanus vaccine (Td)
- Pertussis vaccines (DTP, DTaP, TDaP)
- Measles, Mumps, and Rubella virus-containing vaccines in any combination (MMR, MR, M, R)
- Rubella virus-containing vaccines (MMR, MR, R)
- Measles virus-containing vaccine (MMR)
- Mumps vaccines (MMR, MR, M)
- Polio vaccines (OPV or IPV)
- Hepatitis B vaccine (HBV)
- Haemophilus Influenza Type B Polysaccharide Conjugate vaccine (HIB)
- Varicella (Chickenpox) vaccine (VAR)
- Rotavirus vaccine (Rota Teq)
- Pneumococcal conjugate vaccine (PCV)
- Hepatitis A vaccine (HAV)
- Meningococcal vaccines (MCV4, MPSV4, MenB-FHbp, MenB-4C) which is commonly contained in the following two types of vaccines: Meningococcal Conjugate and Serogroup B Meningococcal
- Human papillomavirus vaccine (HPV) which is commonly contained in the following three types of vaccines: Gardasil, Gardasil 9, and Cervarix
Non-Covered Vaccines Under the Table
- Pneumococcal polysaccharide vaccine (PPSV, PPV)
- Herpes zoster (shingles) vaccine (Zostavax, Shingrix)
- Anthrax vaccine (BioThrax)
Covered Vaccine Injuries Under the Vaccine Injury Table
In Column 2 of the Table, the VICP states all of the injuries, illnesses, and disabilities that are recognized to be linked with each vaccine. The most common vaccine related 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:
- SIRVA Injury (Shoulder Injury Related to Vaccine Administration)
- Frozen Shoulder (Adhesive Capsulitis)
- Shoulder Bursitis
- Rotator Cuff
- Shoulder Tendonitis
- Ulnar Neuropathy
- Guillain-Barre Syndrome ("GBS")
- Parsonage-Turner Syndrome ("PTS")
- Transverse Myelitis
- Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP")
- Acute Disseminated Encephalomyelitis ("ADEM")
What if my injury is not on the vaccine injury 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, severe allergic reaction, or catastrophic health problems, 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 with each and every one of the vaccine injury petitions that we file.
Onset of Symptoms for a Vaccine Injury
It is crucial to report your symptoms or adverse reactions 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:
Example: Following a Tetanus or Pertussis vaccine containing either DTP, DTaP, TDaP, TT or DPT vaccine
- If the injury is Anaphylaxis it should manifest less than or equal to four hours;
- If the injury is Brachial Neuritis it should manifest within 2 to 28 days but no more or no less;
- If the injury is SIRVA it should manifest less than or equal to 48 hours;
- If the injury is Syncope it should manifest in less than one hour.
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.