The National Vaccine Injury Compensation Program (VICP) in the United States provides financial compensation to individuals who experience serious adverse effects from vaccines. Here’s how a vaccine becomes eligible for coverage under the VICP:
- CDC Recommendation: For a vaccine to be covered, the Centers for Disease Control and Prevention (CDC) must recommend it for routine administration to children or pregnant women. This recommendation ensures that the vaccine to be covered is widely used and necessary for public health.
- Excise Tax Requirement: The vaccine must be subject to an excise tax by federal law. This tax funds the VICP and ensures that the program can provide compensation to those affected by vaccine-related injuries. This requires an act of Congress.
- Vaccine Injury Table: The Secretary of the Department of Health and Human Services (HHS) adds the vaccine to the Vaccine Injury Table. This table lists injuries and conditions associated with vaccines covered by the VICP. If an injury or condition is on the table and occurs within specified time periods after vaccination, it is presumed that the vaccine caused the injury unless another cause is proven. Even if a covered vaccine is administered “off-label” (contrary to recommendations), it remains eligible for compensation, and most claims made in the VICP involve injuries not reflected on the Vaccine Injury Table. In those claims, causation must be proven by a preponderance of the evidence.
If you or a family have been injured by a vaccination, please call or email us today. Vaccine injury litigation is all we do, and our representation is at no cost to you.