Practice areas

Vaccine Injury Claims

Federal VICP and CICP claims for rare but serious vaccine reactions — a niche area where experience matters.

Vaccines are rigorously tested, and serious reactions are rare. But when they do happen, the medical and financial impact can be significant. Congress created dedicated federal programs to compensate people who suffer serious vaccine injuries, and those programs have their own rules, deadlines, and procedures.

Dane Shulman Associates helps people pursue compensation through these federal programs. We review your case, help gather medical evidence, and work to build the strongest possible claim. Call 617-298-2500 for a free, confidential consultation.

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Common vaccine injuries

Adverse reactions are uncommon, but injuries associated with vaccines include:

  • Anaphylaxis (severe allergic reaction)
  • Shoulder injury related to vaccine administration (SIRVA)
  • Adhesive capsulitis (frozen shoulder) and rotator cuff injury
  • Brachial neuritis
  • Guillain-Barré syndrome (GBS) and Miller Fisher syndrome
  • Transverse myelitis
  • Encephalitis
  • Vasovagal syncope (fainting-related injury)
  • Chronic arthritis and neuropathy
  • Paralysis

Two federal programs: VICP and CICP

Most vaccine injury claims are not filed as ordinary lawsuits against a manufacturer or provider. Instead, they go through one of two federal programs.

The National Vaccine Injury Compensation Program (VICP), created by Congress in 1986, compensates people injured by covered routine vaccines. Claims are filed as petitions in the U.S. Court of Federal Claims. Anyone who received a covered vaccine — or a parent or guardian on behalf of a child, disabled adult, or deceased person — may file.

The Countermeasures Injury Compensation Program (CICP) covers injuries from “countermeasures” — vaccines, medications, and devices used to prevent or treat a declared public health emergency. COVID-19 vaccine injuries have been handled through CICP rather than VICP.

Which vaccines are covered

VICP covers vaccines routinely recommended for children and pregnant women, including seasonal flu, tetanus-containing vaccines, MMR, hepatitis A and B, HPV, polio, varicella (chickenpox), rotavirus, pneumococcal conjugate, meningococcal, and Hib vaccines.

Not covered by VICP include certain vaccines such as the shingles vaccine, rabies, yellow fever, typhoid, and travel or military vaccines like anthrax and smallpox. COVID-19 vaccine injuries fall under CICP.

The list of covered vaccines and qualifying injuries is set by federal regulation and can change. We confirm which program applies to your specific situation.

Filing deadlines are short

Vaccine injury programs have strict deadlines, and they are much shorter than ordinary injury claims:

  • VICP: generally within three years of the first symptom of the injury; for a death, within two years of the death and four years of the first symptom.
  • CICP: generally within one year of receiving the countermeasure, such as a COVID-19 vaccine.

Missing these deadlines can bar your claim entirely. If you believe you were injured by a vaccine, contact an attorney right away.

How the claims process works

VICP: A petition is filed with the U.S. Court of Federal Claims, and the case is reviewed by the Department of Health and Human Services and decided by a special master. Many cases resolve through settlement. Importantly, the program generally pays reasonable attorney fees and costs separately, even in many cases that don’t succeed, so bringing a claim typically doesn’t cost you out of pocket.

CICP: You submit a Request Package with medical records to the program, which reviews eligibility and whether the injury is covered. CICP does not provide for a court hearing, and its compensation and fee rules are narrower, which makes preparing a complete, well-documented request especially important.

FAQ

In most cases, no. Federal law generally requires vaccine injury claims for covered vaccines to go through VICP first, and COVID-19 countermeasure claims through CICP.

VICP claims generally must be filed within three years of the first symptom. CICP claims generally must be filed within one year of receiving the countermeasure. These deadlines are strict.

Yes. Parents and legal guardians can file VICP claims on behalf of minors, disabled adults, and deceased individuals.

The VICP generally pays reasonable attorney fees and costs separately from any award, so most claimants pay nothing out of pocket.

COVID-19 vaccine injuries have been handled through the Countermeasures Injury Compensation Program (CICP), which has different rules and a one-year filing deadline.

Injured by a vaccine? Deadlines are short.

Your consultation is free and confidential. Let’s find out which program applies to you.