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H H S Department of Health and Human Services
U.S. Department of Health and Human Services
Health Resources and Services Administration

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Eligibility

Persons Eligible to File a Claim

  • You may file a claim if you received a vaccine covered by the VICP and believe that you have been injured by this vaccine.

  • You may also file a claim if you are a parent or legal guardian of a child or disabled adult who received a vaccine covered by the VICP and believe that the person was injured by this vaccine.

  • You may file a claim if you are the legal representative of the estate of a deceased person who received a vaccine covered by the VICP and believe that the person’s death resulted from the vaccine injury.

  • You may file a claim if you are not a United States citizen.

  • Some people who receive vaccines outside of the U.S. may be eligible for compensation. The vaccines must have been covered by the VICP and given in the following circumstances:
    • the injured person must have received a vaccine in the U.S. trust territories; or
    • if the vaccine was administered outside of the U.S. or its trust territories:
      1. the injured person must have been a U.S. citizen serving in the military or a U.S. government employee, or have been a dependent of such a citizen; or
      2. the injured person must have received a vaccine manufactured by a vaccine company located in the U.S. and returned to the U.S. within 6 months after the date of vaccination.

  • In addition, to be eligible to file a claim, the effects of the person’s injury must have:
    1. lasted for more than 6 months after the vaccine was given; or
    2. resulted in a hospital stay and surgery; or
    3. resulted in death.

 

This information reflects the current thinking of the United States Department of Health and Human Services on the topics addressed. This information is not legal advice and does not create or confer any rights for or on any person and does not operate to bind the Department or the public. 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.