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How does the NVICP work?

If a vaccine caused a severe injury, compensation is available from the $3 billion vaccine trust fund. Eligibility is decided by the United States Court of Federal Claims in Washington, DC.

  1. First, a lawsuit must be brought in the United States Court of Federal Claims against the Secretary of the Department of Health & Human Services.
  2. Second, Department of Justice attorneys and Department of Health & Human Services physicians decide whether to compensate the claim from the vaccine trust fund.
  3. If the government agencies do not agree to compensation, the Court of Federal Claims decides whether compensation of the injured person from the vaccine trust fund is appropriate.

What is the National Vaccine Injury Compensation Program?

Vaccine reactions are extremely rare, but like with all pharmaceuticals, unexpected side effects can occur. When a vaccination triggers a severe reaction in an adult or a child, help is available.

The National Vaccine Injury Compensation Program (NVICP) was created by Congress in 1986 after a series of lawsuits against vaccine manufacturers threatened to create vaccine shortages. Now, decades later, this federal trust fund has paid out billions of dollars in damages to thousands of people suffering from adverse reactions to vaccinations.

Who Can File a Claim?

  • You may file a claim if you received a vaccine covered by the NVICP and believe that you were injured by this vaccine.
  • You may also file a claim if you are a parent or legal guardian of a child or disabled adult who received a vaccine covered by the VICP and believe that the person was injured by this vaccine.
  • You may file a claim if you are the legal representative of the estate of a deceased person who received a vaccine covered by the VICP and believe that the person’s death resulted from the vaccine injury.
  • It is not necessary to be a United States citizen to be eligible for compensation.
  • Some people who receive vaccines outside of the U.S. may be eligible for compensation.

In addition, to be eligible to file a claim, the effects of the person’s injury must have:

  1. Lasted for more than 6 months after the vaccine was given; or
  2. Resulted in a hospital stay and surgery; or
  3. Resulted in death.

There is no age restriction on who may file a claim. Anyone who got a vaccine that’s covered by the NVICP, no matter their age, can file a claim.

Which Vaccines are Covered?

Tetanus toxoid-containing vaccines (DTaP, Tdap, DTP-Hib, DT, Td, TT)
Pertussis antigen-containing vaccines (DTaP, Tdap, DTP, P, DTP-Hib)
Measles, mumps and rubella virus-containing vaccines in any combination (MMR, MR, M, R)
Rubella virus-containing vaccines (MMR, MR, R)
Measles virus-containing vaccines (MMR, MR, M)
Polio live virus vaccines (OPV)
Hepatitis B antigen-containing vaccines (Engerix-B, Recombivax HB, Twinrix)
Hemophilus influenzae (type b polysaccharide conjugate vaccines)
Varicella vaccine (Varivax chickenpox virus vaccine and ProQuad)
Rotavirus vaccine (Rota Teq)
Pneumococcal conjugate vaccines (Prevnar)
Hepatitis A vaccines (Havrix, VAQTA, and Twinrix)
Trivalent influenza vaccines (Flu vaccines including FluMist, a live attenuated influenza virus vaccine; and injectable influenza vaccines FluShield, Fluvirin, Fluzone, and Afluria)
Meningococcal vaccines (meningococcal polysaccharide vaccine (MPSV4) and meningococcal conjugate vaccine (MCV4), Menactra)
Human papillomavirus (HPV) vaccines (Gardasil and Cervarix)
Polio inactivated virus (IPV)

Vaccines NOT Covered by the Vaccine Injury Compensation Program

  • Pneumovax v23; or Pneumococcal polysaccharide (PPSV, PPV) vaccine
  • Zostavax; or Herpes zoster (shingles) vaccine
  • Rabies vaccine
  • Anthrax
  • Smallpox
  • Yellow Fever
  • Tuberculosis (TB)
  • Typhoid Fever

For more information on the NVICP, contact the vaccine injury attorneys of Maglio Christopher & Toale, P.A. Our lawyers focus on representing patients from across the nation in seeking compensation for vaccine injuries.  Fill out our online contact form on the side of this page and our Firm will contact you shortly.

Vaccine Injury Compensation How the Vaccine Injury Compensation Program Works