How to File a VICP Claim
The National Vaccine Injury Compensation Program (VICP) exists to help people who suffer adverse reactions to certain vaccines receive fair financial compensation. If you or a loved one believe you’ve been injured by a covered vaccine, the VICP process allows you to seek relief without suing vaccine manufacturers or healthcare providers directly.
This guide from Pearsall Law Firm, P.C. explains the steps involved in filing a VICP claim and what you can expect.
Understanding the VICP
Created by Congress in 1986, the VICP provides an efficient, no-fault system for handling vaccine injury claims. The program is funded by a small excise tax on vaccines and helps ensure compensation without the need for lengthy litigation. While the process can be complex, it provides a valuable alternative to traditional lawsuits.
Step 1: Determine Eligibility
To qualify for compensation, make sure that:
The vaccine is covered under the VICP (examples include the flu, MMR, and DTaP vaccines).
The injury caused hospitalization, death, or an injury lasting at least six months.
The claim is filed within the statute of limitations — typically three years from the first symptoms or two years from the date of death.
Step 2: Collect Documentation
Comprehensive medical records are critical to support your claim. These include:
Vaccine administration records (date, type, and location)
Medical reports, test results, and hospital records
Doctor statements linking the injury to the vaccine
At this stage, hiring a vaccine injury attorney can make a big difference, and it costs nothing to you because the court covers attorney fees.
Step 3: File the Petition
Next, draft a thorough petition that explains the nature of the injury, with specific citations to the medical records. The petition is filed with the U.S. Court of Federal Claims and includes personal details, medical evidence, and a narrative explaining what the injury is and how the injury occurred and impacted your life.
Step 4: Government Review
Your case is reviewed by a medical team at the U.S. Department of Health and Human Services (HHS), which issues a medical opinion. A special master may request further documentation or evidence before deciding whether compensation is warranted.
Step 5: Settlement or Hearing
If the government agrees the vaccine likely caused the injury, a settlement may be reached. If there’s disagreement, the case proceeds to a hearing where both sides hire expert witnesses and then present evidence.
Step 6: Compensation
Successful claimants can receive compensation for:
Past and future medical expenses
Lost income or reduced earning capacity
Pain and suffering (up to the program’s capped amount)
Reimbursement of Medicaid liens
Why Choose Pearsall Law
At Pearsall Law Firm, P.C., we love what we do for a living. We’ve helped recover over $1 million, and we are just getting started. We know the science, the law, and the process. As an Army veteran and as a former prosecutor, Mr. Pearsall has seen it all, and he will not hesitate to zealously fight for you.
If you or a loved one has suffered a vaccine-related injury, contact Pearsall Law today at the “Contact Us Now” button at the top of this page for a free consultation and free case review. There are strict deadlines to file your claim — don’t wait to protect your rights and secure the compensation you deserve.