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Short answer: the National Vaccine Injury Compensation Program (VICP) is the federal no-fault route, created by the National Childhood Vaccine Injury Act, for people who say a covered vaccine injured them or caused a death. A claim is a petition filed in the U.S. Court of Federal Claims, decided by a special master, and governed by strict filing deadlines. This guide summarizes the rules as written in 42 U.S.C. 300aa and 42 CFR Part 100 (statute text read 2026-11-08). It is general information, not legal or medical advice.
What it is and who runs it
The program is set out in Subtitle 2 of the National Childhood Vaccine Injury Act, codified at 42 U.S.C. 300aa-10 and following. Petitions are filed with the U.S. Court of Federal Claims; the clerk forwards each one to the chief special master, and the Secretary of Health and Human Services is served as the respondent. The Secretary publishes notice of each petition in the Federal Register within 30 days of service. The Health Resources and Services Administration (HRSA) administers the program on the HHS side.
VICP is a compensation program, not a reporting system. Adverse events are reported separately to VAERS; see VAERS reporting: who must report, when, and what the data can support. A VAERS report is not a claim, and a claim does not require one.
Eligibility: what the statute requires
Under 42 U.S.C. 300aa-11 a petition must show, among other things:
- A covered vaccine. The vaccine categories are listed in the Vaccine Injury Table at 42 CFR 100.3 (categories I to XVII, including tetanus-toxoid, pertussis, measles-mumps-rubella, polio, hepatitis B, Hib, varicella, rotavirus, pneumococcal conjugate, hepatitis A, seasonal influenza, meningococcal and HPV vaccines). Category XVII covers any new vaccine the CDC recommends for routine administration to children or pregnant women once the Secretary publishes notice of coverage.
- US administration. The vaccine must have been received in the United States or a trust territory. Limited exceptions cover a US citizen serving in the Armed Forces or a US employee or dependent abroad, and a US-manufactured vaccine where the person returned to the US within 6 months.
- A severity threshold. Residual effects or complications lasting more than 6 months after vaccination, or death, or inpatient hospitalization and surgical intervention.
- Supporting records. An affidavit and medical records (vaccination record, treatment before and after the injury, prenatal, delivery and newborn records where relevant, and a death certificate or autopsy report for a death claim), plus a list of records that could not be obtained and why.
The Vaccine Injury Table (42 CFR 100.3) is organized into the vaccine categories above, followed by additional provisions, qualifications and definitions. Which injuries and onset intervals are listed for each category should be read from the current table itself rather than a summary.
What it funds
Section 300aa-15 lists the categories of compensation:
- Past and projected medical and related expenses (no cap stated).
- Actual and anticipated lost earnings (no cap stated).
- Pain and suffering, “not to exceed $250,000”.
- For a death, $250,000 to the estate of the deceased.
- Reasonable attorneys’ fees and costs. The statute provides that no attorney may charge a fee for services beyond what is awarded.
For vaccines administered before October 1, 1988, the statute applies a separate combined $30,000 limit on lost earnings, pain and suffering, and fees.
Deadlines at a glance
These limits come from 42 U.S.C. 300aa-16. They are the part of a claim that cannot be repaired later.
| Situation | Statutory limit |
|---|---|
| Injury claim | No petition after 36 months from the first symptom or manifestation of onset, or of significant aggravation |
| Death claim | No petition after 24 months from the date of death, and none more than 48 months after the first symptom or onset |
| Vaccine or person newly added to the Table | Petition within 2 years after the effective date of the revision; barred if the injury or death occurred more than 8 years before the revision |
Application steps
- Gather the vaccination record and the medical records listed in section 300aa-11.
- Prepare the affidavit and the list of any unobtainable records.
- File the petition in the U.S. Court of Federal Claims; the clerk forwards it to the chief special master and it is served on the Secretary.
- The Secretary, as respondent, is notified and the petition is published in the Federal Register.
Typical timeline phases
Section 300aa-12 sets procedural clocks, described here as phases rather than calendar dates:
- Special master decision: findings are due “not later than 240 days” after filing, excluding suspensions (one 30-day suspension per party, and further suspensions up to 150 days in total). After 240 days, a delay notice lets the petitioner withdraw or continue.
- Review: a motion for review is due within 30 days of the decision, a response within 30 days after that, and the court completes its action within 120 days.
- Judgment and appeal: if no review motion is filed, the clerk enters judgment. An appeal to the Federal Circuit is due within 60 days of judgment.
Common mistakes
- Treating a VAERS report as a filed claim. They are separate processes.
- Counting the 36-month injury limit from the vaccination date; the statute counts from the first symptom or manifestation of onset.
- Missing the separate death-claim limits (24 and 48 months).
- Assuming a civil suit is available at once. The statute generally permits a civil action against a vaccine administrator or manufacturer only after judgment is issued and the petitioner elects to file one, or the petition is withdrawn as the statute provides.
Related programs
| Program | What it does | Link |
|---|---|---|
| VICP | Compensation petitions decided by a special master in the Court of Federal Claims | This page |
| VAERS | Reporting of adverse events after vaccination; not a compensation process | VAERS reporting |
| FDA MedWatch | Voluntary and mandatory reporting for FDA-regulated products | FDA MedWatch |
FAQ
What is the National Vaccine Injury Compensation Program?
It is the federal program created under the National Childhood Vaccine Injury Act (42 U.S.C. 300aa) that decides petitions for compensation for injuries or deaths attributed to covered vaccines.
Where is a VICP petition filed?
In the U.S. Court of Federal Claims, under 42 U.S.C. 300aa-11.
How long do I have to file?
For an injury, 36 months from the first symptom or onset. For a death, 24 months from the death and no more than 48 months from first symptom or onset (42 U.S.C. 300aa-16).
Is there a cap on pain and suffering?
Yes: the statute caps pain and suffering at $250,000, and the death benefit is $250,000 (42 U.S.C. 300aa-15).
Is VICP the same as VAERS?
No. VAERS collects reports of adverse events; VICP decides compensation petitions.
Sources
- 42 U.S.C. 300aa-11, 300aa-12, 300aa-15 and 300aa-16, govinfo.gov (2016 US Code edition), read 2026-11-08. Statutes are amended, so check the current text before relying on any figure.
- 42 CFR 100.3, Vaccine Injury Table, eCFR (version dated 2026-11-01), read 2026-11-08.
