The National Childhood Vaccine Injury Act of 1986 (PDF - 312 KB), as amended, created the National Vaccine Injury Compensation Program (VICP), a no-fault alternative to the traditional tort system. It provides compensation to people found to be injured by certain vaccines. Even in cases in which such a finding is not made, petitioners may receive compensation through a settlement.
The VICP was established after lawsuits against vaccine manufacturers and healthcare providers threatened to cause vaccine shortages and reduce vaccination rates. The Program began accepting petitions (also called claims) in 1988.
What are VICP's objectives?
- ensure an adequate supply of vaccines;
- stabilize vaccine costs; and
- establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines.
The 21st Century Cures Act (Public Law 114-255) (PDF), enacted on December 13, 2016, made several amendments to the National Childhood Vaccine Injury Act of 1986.
What were the amendments?
- Expand the VICP’s coverage to include new categories of vaccines that previously were not covered by the VICP: vaccines recommended by the CDC for routine administration to pregnant women (but not for routine administration in children) and subject to a federal excise tax. See Section 3093(c)(1) of P.L. 114-255.
- Make clear that vaccine-injury claims may be filed both with respect to injuries alleged to have been sustained by women receiving covered vaccines during pregnancy and with respect to injuries alleged to have been sustained by live-born children who were in utero at the time those women were administered such vaccines. See Section 3093(c)(2), (3) of P.L. 114-255.
Who administers VICP?
The Division of Injury Compensation Programs, Healthcare Systems Bureau, Health Resources and Services Administration, U.S. Department of Health and Human Services administers VICP.
Which federal organizations have a role in the VICP?
- U.S. Department of Health and Human Services (HHS) hosts the Program, conducts medical reviews of petitions, and makes Court-ordered compensation payments;
- U.S. Department of Justice (DOJ) represents HHS in Court; and
- U.S. Court of Federal Claims (the Court) makes the final decision regarding whether a petition is compensated and the type and amount of compensation.
What is the Vaccine Injury Compensation Trust Fund?
The Vaccine Injury Compensation Trust Fund provides funding for the National Vaccine Injury Compensation Program to compensate vaccine-related injury or death petitions for covered vaccines administered on or after October 1, 1988.
Funded by a $.75 excise tax on vaccines recommended by the Centers for Disease Control and Prevention for routine administration to children, the excise tax is imposed on each dose (i.e., disease that is prevented) of a vaccine. Trivalent influenza vaccine for example, is taxed $.75 because it prevents one disease; measles-mumps-rubella vaccine, which prevents three diseases, is taxed $2.25.
The Department of Treasury collects the excise taxes and manages the Fund’s investments and produces Vaccine Injury Compensation Trust Fund Monthly Reports.
Advisory Commission on Childhood Vaccines
The Advisory Commission on Childhood Vaccines, consisting of nine voting members, advises and makes recommendations to the Secretary of Health and Human Services, on issues relating to the operation of the VICP and on ways to improve it.
Frequently asked questions
For more information, read the FAQs.