How the National Vaccine Injury Compensation Program Works

While vaccines can help with the prevention of contagious disease, the reality is that, in some cases, they can cause an adverse reactions or serious injury.

Acknowledging this, the federal government created the National Childhood Vaccine Act in 1986. Through this act, the National Vaccine Injury Compensation Program (NVICP) was created. The NVICP was established with the intent of providing compensation to those who had been injured by vaccines. The NVICP is funded by taxes that pharmaceutical companies pay on each vaccine they sell.

The Federal Court of Claims is where people who have been injured by vaccines need to go to seek compensation for their injuries. To receive compensation, you must first file a petition with that Court.

Who can file a petition with the NVICP?

There are three primary classes of individuals who may file a Vaccine Act petition. They include:

• Individuals who received a vaccine and believe they have suffered an adverse reaction. 
• Individuals who are the parents or guardians of a child who received a vaccine and believe their child was injured as a result.
• Individuals who act as the legal representative of the estate of a person whose death is thought to be linked to receiving a vaccine.

Adverse Reaction Symptom Requirements

A prerequisite for having a compensable claim is that the injury or adverse reaction symptoms must have:

• Lasted for six months or longer,
• Resulted in hospitalization and surgery, or
• Resulted in death.

Statute of Limitations for Vaccine Injury Cases

Non-Death Cases: A petition must be filed with the Federal Court of Claims within 36 months of the date the first sign or symptom of an adverse reaction occurred.

Death Cases: A petition must be filed with the Federal Court of Claims within 24 months of the date of death if the death was caused by the vaccine.