National vaccine injury claims usually go through the National Vaccine Injury Compensation Program (VICP), a no-fault federal alternative to suing vaccine makers. COVID-19 vaccine injuries take a different path, through the Countermeasures Injury Compensation Program (CICP), with narrower benefits and no routine lawsuit option.
The National Vaccine Injury Compensation Program pays people found injured by routine covered vaccines. According to HRSA, covered vaccines include seasonal flu, measles-mumps-rubella, polio and other routine vaccines. Your legal path turns on which vaccine was involved, what proof you have, and how fast you file.
Table of Contents
- Which vaccines use VICP?
- How do you file and prove a VICP claim?
- Why are COVID-19 vaccine claims different?
- What pay and deadlines control your choice?
Which vaccines use VICP?
Congress created VICP in the National Childhood Vaccine Injury Act of 1986 as a no-fault alternative to tort. According to HRSA, the program compensates people found injured by covered vaccines and can pay settlements even without a causation finding in the program overview.
HRSA states that VICP covers only vaccines the CDC recommends for routine administration to children or pregnant women that are also subject to federal excise tax. That group includes seasonal flu, measles-mumps-rubella, polio and other routine vaccines. A shot outside that covered-vaccine list does not belong in VICP.
How do you file and prove a VICP claim?
VICP petitions are filed in the U.S. Court of Federal Claims and decided by special masters or judges, with judicial appeal available. Under the federal filing rule described by FindLaw, claimants seeking over $1,000 must file in VICP first and then withdraw or reject judgment before suing makers or administrators in the filing requirements.
Proof is easier for injuries listed on the Vaccine Injury Table. KFF explains that a listed injury within the listed time is rebuttably presumed vaccine-caused. Off-Table or late-onset claims must prove by preponderance that vaccination was the but-for cause.
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Why are COVID-19 vaccine claims different?
COVID-19 vaccines are treated as PREP Act covered countermeasures routed to CICP, not VICP. The Congressional Research Service explains that while the PREP declaration remains in effect, CICP is the exclusive remedy, barring civil actions except for willful misconduct in the PREP Act analysis.
CICP also pays less and reviews claims differently. HRSA limits CICP to death or serious injury requiring hospitalization or significant disability, with only unreimbursed medical costs and part of lost income, capped each year, plus a statutory death benefit. CICP pays no pain and suffering and no attorney fees.
What pay and deadlines control your choice?
VICP can pay uncapped reasonable past and projected medical, rehabilitation and custodial costs plus lost earnings. The Congressional Research Service reports it can also pay up to $250,000 for pain, suffering and emotional distress, a $250,000 death benefit, and reasonable attorneys' fees and costs even for good-faith losing claims.
CICP caps wage loss at 66.67 percent of income, or 75 percent with dependents, up to $50,000 per year until age 65. Filing and review rules are also stricter, so compare these practical limits: File a suspected CICP injury within one year of administration because delay or expecting court review forfeits relief.
- VICP: file within three years after the first injury symptom, or two years after death
- CICP: file within one year after countermeasure administration
- VICP: court decision with judicial appeal; CICP: HRSA administrative review with only one reconsideration and no judicial appeal
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