Do I Have A Case?
Do I Have A Case? Most vaccine injury cases resolve around this very question. Ultimately, the answer is going to be in your medical records and in your ability to carefully read and understand those records. At Pearsall Law Firm, P.C., we help families across the country determine whether their injury qualifies for compensation through this federal program — and guide them through every step of the process. Understanding the basic criteria for eligibility can help you decide whether to move forward with a claim.
But to give you an overview of what’s on our mind, when they are giving people free case evaluations, let’s review what it means to have a VICP case!
What Is the Vaccine Injury Compensation Program (VICP)?
The National Vaccine Injury Compensation Program, or VICP, was created by Congress in 1986 to provide compensation to individuals injured by certain vaccines. It operates through the U.S. Court of Federal Claims and covers vaccine injuries without requiring proof of negligence by a doctor or manufacturer.
The program is funded by a small federal excise tax on each vaccine dose and offers a no-fault alternative to traditional lawsuits.
Step 1: Check If Your Vaccine Is Covered
Not every vaccine qualifies for VICP compensation. The program maintains a list of covered vaccines, including but not limited to:
Flu (influenza)
MMR (measles, mumps, rubella)
Tdap (tetanus, diphtheria, pertussis)
HPV
Hepatitis A and B
Pneumococcal
If your vaccination is listed in the VICP’s Vaccine Injury Table, your injury may be presumed to be vaccine-related — which simplifies your claim.
Step 2: Evaluate Your Symptoms and Timeline
To qualify for compensation, your injury must meet specific criteria:
The symptoms lasted more than six months, resulted in hospitalization, or caused death
The injury began within the time frame listed in the Vaccine Injury Table for that vaccine
The claim is filed within three years from the first symptom (or two years from death, for fatal cases)
If your symptoms started shortly after vaccination and persisted, that’s a strong indicator that your case could fall under the VICP.
Step 3: Gather Medical Documentation
Strong medical evidence is key. You’ll need:
Vaccination records (type, date, and location)
Treatment records showing your symptoms, diagnosis, and care
Physician notes linking your injury to the vaccination, if available
An experienced VICP attorney can help you organize and submit the proper documentation to the U.S. Court of Federal Claims. Unlike the petitions in most injury lawsuits, a VICP petition cannot simply say “I have some kind of claim.” The petition must explain in detail what the injury is and why it is eligible for compensation.
Step 4: Understand What Compensation Covers
The VICP provides broad relief for those injured by vaccines, including:
Past and future medical expenses
Lost wages or reduced earning capacity
Pain and suffering (up to $250,000)
Lifetime care for severe or permanent injuries
All awards are tax-free, and you never pay attorney’s fees out of your compensation — the court pays them separately.
Step 5: Get Legal Guidance Early
Determining whether you have a case isn’t always simple. Symptoms may overlap with other conditions, and the government can dispute causation. That’s why early legal help is so important.
At Pearsall Law, we carefully review your vaccination history, medical records, and symptom timeline to assess your claim’s strength. We then handle the entire filing process with the U.S. Court of Federal Claims, from petition to final award.
Take the First Step Today
If you believe you or your child suffered a vaccine-related injury, don’t wait. The VICP’s strict deadlines mean that time matters.
Contact Pearsall Law Firm, P.C. today for a free consultation. We’ll review your potential claim, explain your rights, and guide you with compassion and experience every step of the way.
Pearsall Law Firm, P.C. — Helping Families Nationwide with Vaccine Injury Claims!