Influenza Vaccines

Does the National Vaccine Injury Compensation Program (VICP) cover influenza vaccines?

The National Vaccine Injury Compensation Program (VICP) cover influenza vaccines. To be eligible for compensation, claims must be filed:

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• within 3 years after the first symptom of the vaccine injury; or
• within 2 years of the vaccine-related death and not more than 4 years after the start of the first symptom of the vaccine-related injury (injury.asp) from which the death occurred; or
• 2 years from the date the vaccine is covered for injuries or deaths that occurred up to 8 years before the date the vaccine is covered.

For example, as of July 1, 2005, the VICP retroactively covers claims for injuries (or deaths) from trivalent influenza vaccines for the previous 8 years (that is, for injuries or deaths that occurred on or after July 1, 1997), so long as those claims are filed within 2 years of the effective date, or by July 1, 2007.

For individuals filing a claim, the appropriate filing deadline is the one above that provides them with the most time to file their injury or death claims.

“Trivalent” refers to the type of influenza vaccines administered routinely each year that contain three influenza virus strains. The Centers for Disease Control and Prevention recommendation that influenza vaccines be routinely administered to children, completed the first two steps for adding trivalent influenza vaccine to the VICP.

The ultimate decision about the scope of the statutes authorizing the VICP is within the authority of the United States Court of Federal Claims, which is responsible for resolving claims for compensation under the VICP.

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What if you suffer a side effect from the vaccine? You may be eligible to bring a claim under the National Vaccine Injury Compensation Program. Learn more here.

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