Vaccination Litigation (VICP)
(Vaccination Injury Compensation Program)
The National Vaccine Injury Compensation Program, or VICP, is a program established by Congress, which became effective October 1, 1988. The program provides compensation for children or adults who have suffered an injury or death as a result of any of the vaccines listed below.
The injured person or his/her family is required to show only one of the following to qualify:
- an injury listed on the table below occurred and there is no greater evidence of an alternative cause
- that the vaccine actually caused the condition
- or that the vaccine significantly aggravated a pre-existing condition.
The program is no-fault, which means the injured or his/her family does not need to prove negligence on the part of the physician who wrote the prescription or the manufacturer of the vaccine.
Timelines
Claims must be filed within 36 months from the onset of symptoms following the vaccination. The effects of the injury must continue for at least six months.
Death claims must be filed within 24 months of death and within 48 months after onset of the vaccine-related injury from which the death occurred.
Any vaccine added to the program is given eight years' retroactive coverage and a two-year grace period after coverage to file retroactive claims.
If you or a loved one has received one of these vaccines and have sustained an injury as a result, you may have a valid claim for those injuries. Call us now at 1-800-621-2020 or contact us.
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Vaccine
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Adverse Event
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Time Period
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Tetanus toxoid - containing vaccines
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Anaphylaxis or anaphylactic shock
Brachial neuritis
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0-4 hours
2-28 days
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Pertussis antigen -containing vaccines
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Anaphylaxis or anaphylactic shock
Enencephalopathy
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0-4 hours
0-72 hours
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Measles, mumps and rubella virus containing vaccines
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Anaphylaxis or anaphylactic shock
Encephalopathy
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0-4 hours
5-15 days
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Rubella virus containing vaccines
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Chronic arthritis
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7-42 days
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Measles virus containing vaccines
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Thrombocytopenic purpura
Vaccine-strain measles viral infection in an immunodeficient recipient
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7-30 days
0-6 months
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Polio live virus - containing vaccines
(OPV)
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Paralytic polio
-in a non-immunodeficient recipient
-in an immunodeficient recipient
-in a vaccine assoc. community case
Vaccine-strain polio viral infection
-in a non-immunodeficient recipient
-in an immunodeficient recipient
-in a vaccine assoc. community case
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0-30 days
0-6 months
Not applicable
0-30 days
0-6 months
Not applicable
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Polio inactivated - virus containing vaccines (IPV)
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Anaphylaxis or anaphylactic shock
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0-4 hours
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Hepatitis B antigen - containing vaccines
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Anaphylaxis or anaphylactic shock
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0-4 hours
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Hemophilus influenzae type b polysaccharide conjugate vaccines
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no condition specified for compensation
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Not applicable
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Varicella vaccine
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no condition specified for compensation
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Not applicable
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Rotavirus vaccine
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no condition specified for compensation |
Not applicable
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Vaccines containing live, oral, rhesus-based rotavirus
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A. Intussusception
B. Any acute complication or sequela (including death) of above event
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0-30 days
Not applicable
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Pneumococcal conjugate vaccines
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A. No condition specified for compensation |
Not applicable
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Any new vaccine recommended by the Centers for Disease Control and Prevention for routine administration to children, after publication by Secretary, HHS of a notice of coverage.
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A. No condition specified for compensation
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Not applicable
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New vaccine
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no condition specified
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not applicable
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