Vaccine Injury Guide

Suggested next steps if you or a loved one experiences an adverse event following vaccination

VICP-Covered Vaccines*
  • Includes ALL vaccines on the CDC recommended childhood vaccine schedule
  • Document everything
  • Contact your primary care physician or vaccine administrator
  • File injury report with VAERS
  • Consider contacting a vaccine injury attorney
    • contact TFVC for a referral or
    • search for ‘vaccine injury attorneys in Texas’ online and begin there
    • VICP will sometimes cover attorney costs
  • File an injury claim with VICP if possible
    • You have THREE YEARS to file an injury claim with VICP

*What is the VICP?
The Vaccine Injury Compensation Program (VICP) processes injury claims for all pediatric vaccines that are covered by the National Child Vaccine Injury Act (NCVIA) of 1986, which also provides near total liability shielding for all vaccine manufacturers and administrators for vaccine injury. The NCVIA places all liability for harms caused onto the vaccine consumer and leaves them with the VICP as the only legal  recourse for injured parties to receive compensation for injuries. Claimants must obtain legal counsel and litigate against the HHS and the DOJ in a quasi-judicial, special master run program with no trial, and no discovery process where claimants are kept silent under court seal. Even though the VICP may sometimes cover legal fees of claimants, obtaining compensation can be challenging without a discovery process. Upon its inception, the VICP was supposed to create a streamline injury compensation process, however, bureaucratic reductions in the injury table have resulted in the majority of claims being either rejected from the VICP outright or unlikely to receive a compensation award even after the legal process is complete. As of October 2022, the VICP has paid out approximately $4.9 billion in vaccine injury claims.

Non-VICP-Covered Vaccines
  • Includes Pneumovax 23 for Pneumococcal Polysacharide (PPSV, PPV) and Shingrix and Zostavax for Herpes Zoster (Shingles)
  • Document everything
  • Contact your primary care physician or vaccine administrator
  • File an Injury report with VAERS and the vaccine manufacturer
  • Contact a vaccine injury attorney to discuss legal options
    • These vaccines are NOT subject the the same liability shielding as VICP-covered vaccines
Covid-19 Vaccines and Other Prep Act and Countermeasures Injury Compensation Program (CICP) Covered Vaccines**

**What are the PREP Act and the CICP?
Injuries from vaccines and drugs developed under an EUA (Emergency Use Authorization) are covered for liability via the PREP Act and processed by the Countermeasures Injury Compensation Program (CICP). Most claims must be filed within a year of vaccine or drug uptake, regardless of when side effects show up. Unlike the VICP,  the CICP does not pay fees for lawyers or expert witnesses; each claimant must finance their own legal defense. As a payor of last resort,  awards granted via the CICP are very limited and do not pay for suffering or damages. To date, the Countermeasures Injury Compensation Program has rejected over 90% of injury claims since its inception in 2005.  Long-term side effects of the Covid-19  vaccines are currently unknown, therefore the CICP timeline for claim filings could potentially leave many injured citizens without any recourse for compensation.  

Vaccine injury is real and can be devastating. Beyond reporting injuries and seeking compensation, you will likely need additional medical, emotional, and community support. Texans for Vaccine Choice has been protecting and advancing informed consent, medical privacy and vaccine choice for all Texans since 2015.

 Should you find yourself or a loved one suffering a vaccine related injury, please contact us for individual support and additional resources; we are always here for you.

For a printable version of this information, please click HERE.

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