Practiced From the Inside. Now Entirely on Your Side.
Vaccines protect millions of people every year. But for a small number of individuals and families, a routine vaccination is followed by something no one prepared them for. A shoulder that will not heal. A neurological symptom that keeps progressing. A serious reaction that disrupts everything that was planned.
The National Vaccine Injury Compensation Program (VICP) is a federal no-fault compensation program that has paid out billions of dollars to individuals and families who suffered serious injuries from covered vaccines. Most people who file a petition have never heard of the VICP before their injury. Understanding how it works, what it requires, and how to build a strong case is what makes the difference between a successful claim and one that does not reach its potential.
Dhairya Jani practiced inside the VICP for years in multiple roles: as a lead DOJ Vaccine Trial Attorney on more than 85 cases, and as a federal judicial law clerk at the Vaccine Court. He has been on the government’s side of these cases. He knows how they are evaluated, where they succeed, and what it takes to build a case that holds up. That experience is now entirely on your side.
What is the National Vaccine Injury Compensation Program (VICP or Program)?
The National Vaccine Injury Compensation Program is a federal no-fault compensation program. It was created by Congress in 1986 to ensure that people who suffer serious injuries from covered vaccines have a dedicated federal forum for compensation, without needing to sue a vaccine manufacturer or prove that anyone was negligent.
The Program covers vaccines recommended by the Centers for Disease Control and Prevention (CDC) for routine administration to children, pregnant women, or adults who are subject to the federal excise tax. Commonly covered vaccines include the seasonal flu shot, MMR, Hepatitis A and B, HPV, and tetanus-containing vaccines.
The Program’s Vaccine Injury Trust Fund holds more than $4 billion for compensation, funded by a $0.75 per-dose excise tax on covered vaccines.
How the Program Works
Vaccine injury claims are filed as petitions in the U.S. Court of Federal Claims, Office of Special Masters, commonly known as the Vaccine Court. Cases are assigned to one of eight Special Masters who exclusively hear vaccine injury claims. There is no jury. The Special Master reviews the evidence, oversees any hearings, and issues a written decision.
The Department of Justice represents the government in every case. The petitioner and their attorney are on the other side. Understanding how the government builds and evaluates its position is one of the most important things counsel can bring to your case.
Who Can File a VICP Petition
The following people can file a petition:
- A person who was injured by a covered vaccine
- The parent or legal guardian of a child injured by a covered vaccine
- The legal representative of someone who died as a result of a covered vaccine injury
In rare situations, select third parties may be eligible to file a petition on behalf of an injured individual. If you are unsure whether you qualify, the initial consultation at Jani Law PLLC is designed to answer that question.
Attorney’s Fees: Experienced Representation Costs You Nothing
Under 42 U.S.C. § 300aa-15(e), reasonable attorney’s fees and costs are paid directly by the Program, separate from any compensation you may receive. These fees do not come out of your recovery. You keep 100% of any compensation awarded.
Vaccines Covered by the VICP
The VICP covers most vaccines recommended for routine administration to children and adults:
- Diphtheria, Tetanus, and Pertussis (DTP, DTaP, Tdap, DT, Td, TT)
- Haemophilus influenza type b polysaccharide conjugate vaccines (Hib)
- Hepatitis A
- Hepatitis B
- Human papillomavirus (HPV)
- Influenza (seasonal flu shot)
- Measles, Mumps, and Rubella (MMR)
- Meningococcal vaccines
- Pneumococcal conjugate vaccines (PCV)
- PCV7 (Prevnar 7)
- PCV13 (Prevnar 13)
- PCV15 (Vaxneuvance)
- PCV20 (Prevnar 20)
- Polio (OPV or IPV)
- Rotavirus
- Varicella/Chickenpox
If you or a loved one has suffered an injury related to the COVID-19 vaccine, these claims are currently covered by the Countermeasures Injury Compensation Program (CICP) rather than the VICP. The CICP handles injuries from countermeasures to public health emergencies rather than routine vaccinations.
Table Injuries: When the VICP Presumes Your Vaccine Caused the Injury
The Vaccine Injury Table (42 C.F.R. § 100.3) lists specific injuries paired with specific vaccines and onset windows. When your injury, vaccine, and symptom timing match the Table criteria, causation is presumed by law. You do not need to prove the vaccine caused your injury. The government bears that burden instead.
Current Table injuries include:
- Anaphylaxis — Multiple vaccines, within 4 hours
- Brachial Neuritis (Parsonage-Turner Syndrome) — Tetanus-containing vaccines, 2–28 days
- Encephalitis/Encephalopathy — Pertussis-containing vaccines, 72 hours; MMR 5–15 days
- Guillain-Barré Syndrome (GBS) — Seasonal influenza vaccines, within 3–42 days
- Idiopathic Thrombocytopenic Purpura (ITP) — MMR vaccines, 7-30 days
- Intussusception — Rotavirus vaccines, 1–21 days
- Shoulder Injury Related to Vaccine Administration (SIRVA) — Intramuscular vaccines, upper arm, within 48 hours
Off-Table Injuries: When Your Case Requires More
Not every compensable vaccine injury appears on the Table. Off-table vaccine injuries are conditions not listed on the Table. This means:
- A vaccine injury in which symptoms showed up outside of the specified windows, or
- A medical condition that is not listed in the Table but was caused by a covered vaccine
It is possible to file a petition and recover compensation for off-table injuries, but you bear the burden of proving causation.
The Althen Three-Part Test: Proving Off-Table Injuries
The standard for proving causation in an off-table case comes from the Althen v. Secretary of Health and Human Services decision. Under the Althen three-part test, you must show:
- General Causation: A sound and reliable medical theory explaining how the vaccine can cause the type of injury alleged.
- Specific Causation: A logical sequence of cause and effect showing the vaccine caused your specific injury.
- Temporal Connection: Onset within a medically appropriate timeframe consistent with the proposed mechanism.
You do not need peer-reviewed certainty or a definitive medical diagnosis. You need a theory that holds up under scrutiny. All three elements must be established. Jani Law PLLC builds that case before a word of advocacy is filed.
Filing Deadlines for VICP Petitions
The VICP has strict filing deadlines:
- For vaccine-related injuries, three years from the date of the first symptom.
- For vaccine-related deaths, two years from the date of death and four years from the first symptom.
These deadlines are strictly enforced. Missing them closes the only legal avenue available for most vaccine-injured individuals and families. The sooner a claim is evaluated, the more options remain open.
Compensation for Vaccine Injuries
Compensation from the Program can be used to address various financial losses and expenses related to your vaccine injury.
- Past, Current, and Future Medical Expenses: This includes past hospital stays, outpatient care, therapy, prescriptions, medical equipment, and modifications to one’s home to accommodate a long-term or permanent disability.
- Lost Wages and Future Earning Capacity: This includes any lost income due to time away from work. If your vaccine injury also impacts your future ability to work, you can be compensated for the loss of future earnings as a result of your long-term or permanent disability.
- Pain and Suffering: You can be compensated for chronic pain, mental anguish, emotional distress, and other non-economic impacts on your quality of life. There is a maximum of $250,000 that can be awarded for pain and suffering related to your vaccine injury.
- Death of a Family Member/Loved One: You can be compensated for the loss of a loved one caused by a fatal vaccine injury. There is a maximum of $250,000 that can be awarded for the death of a loved one due to a vaccine-related condition.
As previously mentioned, attorney fees are paid separately by the VICP. You keep 100% of any compensation awarded.
How a Vaccine Injury Claim Works
Filing a vaccine injury claim is a multi-step process that typically unfolds over one to three years or more. Here is what to expect:
Step 1: Confirm Your Eligibility
The first step is a conversation with a vaccine injury attorney about what happened, when it happened, and what your medical history shows. That is where the evaluation starts.
Step 2: File a Petition
Your attorney files a petition with the U.S. Court of Federal Claims. The petition includes a written summary of your injury, vaccination history, and supporting medical records documenting your diagnosis and treatment.
Step 3: Government Medical Review
The Secretary of Health and Human Services reviews your petition and medical evidence. This initial review currently takes 12 to 16 months. A Special Master is also assigned to your case. Following the review, the government files a report indicating whether it concedes or contests your entitlement to compensation.
Step 4: Settlement or Hearing
If the government concedes entitlement, the case moves to settlement negotiations on the amount of compensation. If it contests your claim, the Special Master oversees further proceedings, which may include a contested evidentiary hearing.
How Most Vaccine Injury Cases Resolve
The majority of compensated claims in the VICP resolve through negotiated settlement rather than a contested hearing. According to data published by the Health Resources and Services Administration, more than 70% of compensated cases resolve through stipulated agreements.
Settlement does not mean a lesser outcome. In many cases, it reflects a realistic assessment of where the evidence sits on both sides. Understanding what drives the government’s settlement decisions, and how to develop the record to maximize settlement value, requires the same preparation as a contested hearing. Jani Law PLLC brings the same level of preparation to every vaccine injury case, regardless of how it resolves.
What Contested Vaccine Injury Cases Actually Look Like
When cases go to hearing, they are evidentiary proceedings before a Special Master involving expert testimony, cross-examination of fact and medical witnesses, and detailed briefing. The government retains dedicated experts and mounts a full challenge to causation. These proceedings take time and require sustained preparation from the outset.
The DOJ Trial Attorneys litigating these cases practice exclusively in Vaccine Court. They know the causation standards, the expert community, and the procedural nuances of the National Vaccine Injury Compensation Program. Matching that level of preparation is what determines whether you succeed.
Jani Law PLLC: A Former DOJ Vaccine Trial Attorney Is on Your Side
Every vaccine injury case involves DOJ Trial Attorneys who practice exclusively in this court. Selecting counsel without that same depth of VICP knowledge puts you at a real disadvantage in a system that is technical and unforgiving of gaps.
Dhairya Jani has been on the government’s side of these cases. As a federal judicial law clerk at the Vaccine Court, he drafted entitlement and procedural rulings on vaccine injury claims. As a lead DOJ Trial Attorney on more than 85 cases, he evaluated claims, developed expert records, litigated contested hearings, and negotiated settlements. He knows how the government evaluates a claim, what it looks for in the medical record, and what makes cases succeed over the government’s opposition. That accumulated understanding is now entirely on your side.
Have You or Someone You Know Experienced a Vaccine Injury? Contact Jani Law PLLC Today.
After a vaccine injury, you deserve counsel who understands what you are going through and has practiced in the National Vaccine Injury Compensation Program from every angle. As a former DOJ Vaccine Trial Attorney and federal judicial law clerk at the Vaccine Court, Dhairya Jani brings in-depth knowledge and compassion to every vaccine injury case. Contact Jani Law PLLC today for a free, confidential consultation.