National Vaccine Injury Compensation Program

In 1986, the U.S. Congress passed the National Childhood Vaccine Injury Act; and, in 1987 and 1995, the Vaccine Compensation Amendments. The Act creates a compensation system for those injured by routine vaccinations, both children and adults alike. While most recipients of vaccines suffer no ill effects, some can experience severe reactions that include stroke, seizure, brain damage, neurological damage and heart attack. The system is intended to be a speedy and fair means of compensating those affected by the serious consequences of vaccine reactions. The Program is administered jointly by the Department of Health and Human Services (HHS), the U.S. Court of Federal Claims (the Court), and the Department of Justice (DOJ).

How the Program Works

A claim may be filed for any injury or death shown to be the result of a covered vaccine. The Covered Vaccines include:

• Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, Td or TT)

• Haemophilus influenzae type b (Hib)

• Hepatitis A (HAV)

• Hepatitis B (HBV)

• Human papillomavirus (HPV)

• Influenza (TIV, LAIV) [given each year during the flue season

• Measles, mumps, rubella (MMR, MR, M, R]

• Meningococcal (MCV4, MPSV4)

• Polio (OPV or IPV)

• Pneumococcal conjugate (PCV)

• Rotavirus (RV)

• Varicella (VZV)

• Any combination of the vaccines above

Once a reasonable basis for the claim is established, Barr, Post & Associates, PLLC will file a petition for compensation with the Court. The case is then assigned to a “special master” who monitors the exchange of information between the parties. The HHS is represented by an attorney from the DOJ in hearings before the special master who makes the initial decision for compensation under the Program.

You are not required to be represented by an attorney for this process. However, because the Rules of the Court are highly specific and must be stringently followed, many petitioners make the decision to have an attorney represent them.

Links to the Government websites for additional information:

Health Resources and Services Administration: http://www.hrsa.gov/vaccinecompensation/ 

United States Court of Federal Claims
Vaccine Program  / Office of Special Masters
http://www.uscfc.uscourts.gov/vaccine-programoffice-special-masters

Please Contact Barr, Post & Associates with your vaccine questions

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