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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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Statistics Reports

 

I. Petitions Filed

  • Fiscal YearTotal
    FY 198824
    FY 1989
    148
    FY 19901,492
    FY 19912,718
    FY 1992189
    FY 1993140
    FY 1994107
    FY 1995180
    FY 1996
    84
    FY 1997
    104
    FY 1998
    120
    FY 1999
    411
    FY 2000
    164
    FY 2001
    216
    FY 2002
    957
    FY 2003
    2,592
    FY 2004
    1,214
    FY 2005735
    FY 2006325
    FY 2007410
    FY 2008417
    FY 2009397
    FY 2010449
    FY 2011386
    FY 2012400
    FY 2013503
    FY 2014218
    Total15,100

     

    II. Adjudications 1

    Fiscal YearCompensable
    DismissedTotal
    FY 198991221
    FY 1990
    10033133
    FY 1991141447588
    FY 1992166487653
    FY 1993125588713
    FY 1994162446608
    FY 1995160575735
    FY 1996
    162408570
    FY 1997
    189198387
    FY 1998
    144181325
    FY 1999
    98139237
    FY 2000
    125104229
    FY 2001
    8687173
    FY 2002
    104103207
    FY 2003
    5699155
    FY 2004
    62233295
    FY 200560121181
    FY 200669191260
    FY 200783120203
    FY 2008147134281
    FY 2009134231365
    FY 2010181292473
    FY 20112611,3711,632
    FY 20122602,4392,699
    FY 2013366627993
    FY 20149068158
    Totals3,5409,73413,274

     

    III. Awards Paid 2

    Fiscal YearCompensated 3DismissedInterim FeesTotal Outlays
    # of
    Awards
    Petitioners'
    Award
    Amount
    Attorneys' Fees/
    Costs Payments
    # of Payments
    to
    Attorneys
    Attorneys' Fees/
    Costs Payments
    # of Payments
    to
    Attorneys
    Attorneys' Fees/
    Costs Payments
    FY 19896$1,317,654.78$54,107.140$0.000$0.00$1,371,761.92
    FY 199088$53,252,510.46$1,379,005.794$57,699.480$0.00$54,689,215.73
    FY 1991114$95,980,493.16$2,364,758.9130$496,809.210$0.00$98,842,061.28
    FY 1992130$94,538,071.30$3,001,927.97118$1,212,677.140$0.00$98,752,676.41
    FY 1993162$119,693,267.87$3,262,453.06272$2,447,273.050$0.00$125,402,993.98
    FY 1994158$98,151,900.08$3,571,179.67335$3,166,527.380$0.00$104,889,607.13
    FY 1995169$104,085,265.72$3,652,770.57221$2,276,136.320$0.00$110,014,172.61
    FY 1996163$100,425,325.22$3,096,231.96216$2,364,122.710$0.00$105,885,679.89
    FY 1997179$113,620,171.68$3,898,284.77142$1,879,418.140$0.00$119,397,874.59
    FY 1998165$127,546,009.19$4,002,278.55121$1,938,065.500$0.00$133,484,353.24
    FY 199996$95,917,680.51$2,799,910.85117$2,306,957.400$0.00$101,024,548.76
    FY 2000136$125,945,195.64$4,112,369.0280$1,724,451.080$0.00$131,782,015.74
    FY 200197$105,878,632.57$3,373,865.8857$2,066,224.670$0.00$111,318,723.12
    FY 200280$59,799,604.39$2,653,598.8950$656,244.790$0.00$63,109,448.07
    FY 200365$82,816,240.07$3,147,755.1269$1,545,654.870$0.00$87,509,650.08
    FY 200457$61,933,764.20$3,079,328.5569$1,198,615.960$0.00$66,211,708.71
    FY 200564$55,065,797.01$2,694,664.0371$1,790,587.290$0.00$59,551,048.33
    FY 200668$48,746,162.74$2,441,199.0254$1,353,632.610$0.00$52,540,994.37
    FY 200782$91,449,433.89$4,034,154.3761$1,692,020.250$0.00$97,175,608.51
    FY 2008141$75,716,552.06$5,270,237.0472$2,432,847.052$117,265.31$83,536,901.46
    FY 2009131$74,142,490.58$5,404,711.9836$1,557,139.5328$4,241,362.55$85,345,704.64
    FY 2010173$179,387,341.30$5,961,744.4056$1,886,239.9522$1,978,803.88$189,214,129.53
    FY 2011251$216,319,428.47$9,736,216.87402$5,425,243.1928$2,001,770.91$233,482,659.44
    FY 2012250$163,511,998.82$9,104,488.601,017$8,621,182.3237$5,420,257.99$186,657,927.73
    FY 2013375$254,666,326.70$13,250,679.53704  $7,052,778.8450$1,454,851.74$276,424,636.81
    FY 2014135$71,315,951.56$3,875,092.47388$3,844,409.2617$1,275,262.25$80,310,705.54
    Total3,535$2,671,223,269.97$109,305,515.014,761$60,908,457.99184$16,489,564.63$2,857,926,807.60

    1 Generally, petitions/claims are not adjudicated in the same fiscal year as filed. On average, it takes 2-3 years to adjudicate a petition/claim after it is filed.
    2 "Compensated" are claims that have been paid as a result of a settlement between parties or a decision made by the U.S. Court of Federal Claims (Court). The # of awards is the number of petitioner awards paid, including the attorneys' fees/costs payments, if made during a fiscal year. However, petitioners' awards and attorneys' fees/costs are not necessarily paid in the same fiscal year as when the petitions/claims are determined compensable. "Dismissed" includes the the # of payments to attorneys and the total amount of payments for attorneys' fees/costs per fiscal year. The VICP will pay attorneys' fees/costs related to the claim, whether or not the petition/claim is awarded compensation by the Court, if certain minimal requirements are met. "Total Outlays" are the total amount of funds expended for compensation and attorneys' fees/costs from the Vaccine Injury Compensation Trust Fund by fiscal year.
    3 Due to the populations receiving vaccines added to the VICP in recent years, the proportion of adults to children seeking compensation has changed. Since influenza vaccines (vaccines administered to large numbers of adults each year) were added to the VICP in 2005, many adult claims related to that vaccine have been filed.
     

    Claims Filed and Compensated or Dismissed by Vaccine 1 March 5, 2014
    Vaccines Listed in Claims as Reported by Petitioners

    Vaccine(s)FiledCompensatedDismissed
    InjuryDeathTotal
    DT (diphtheria-tetanus)699782450
    DTaP
    (diphtheria-tetanus-acellular pertussis)
    35876434170193
    DTaP-Hep B-IPV6024842728
    DTaP-HIB71843
    DTaP-IPV-HIB16132947
    DTP
    (diphtheria-tetanus-whole cell pertussis)
    3,2856963,9811,2692,704
    DTP-HIB18826420
    Hep A- Hep B1401481
    Hep B-HIB80843
    Hepatitis A (Hep A)552572116
    Hepatitis B (Hep B)60453657234354
    HIB (Haemophilus influenzae type b)233261214
    HPV (human papillomarvirus)213112246969
    Influenza (Trivalent)1,317731,390698125
    IPV (Inactivated Polio)262142767267
    Measles1431916255107
    Meningococcal34135223
    MMR (measles-mumps-rubella)86657923357489
    MMR-Varicella28129136
    MR1501569
    Mumps1001019
    Nonqualified282991085
    OPV (Oral Polio)28028308158150
    Pertussis43725
    Pneumococcal Conjugate385431025
    Rotavirus571583516
    Rubella189419370123
    Td (tetanus-diphtheria)180318310264
    Tdap1541155697
    Tetanus892913935
    Unspecified35,41085,41944,728
    Varicella757824220
    TOTAL13,9641,13215,0963,5409,735
    1 The number of claims filed by vaccine as reported by petitioners in claims since the VICP began on October 1, 1988, and how many of those have been compensated or dismissed by the U.S. Court of Federal Claims (Court). Claims can be compensated by a settlement between parties or a decision by the Court.
    2 Claims filed for vaccines which are not covered under the VICP.
    3 Insufficient information submitted to make a determination.

     

    • 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.

National Vaccine Injury Compensation Program (VICP) Adjudication Categories by Vaccine for Claims Filed Calendar Year 2006 to Present1

  CompensableCompensable TotalDismissed/Non-Compensable TotalGrand Total
Vaccine Alleged by Petitioner2No. of Doses Distributed US CY 2006 - CY 2012 (Source: CDC)3ConcessionCourt DecisionSettlement   
DT592,7071 03437
DTaP68,113,5731016699564159
DTaP-Hep B-IPV38,347,6674618283159
DTaP-HIB1,135,474 0 00011
DTaP-IPV-HIB46,633,881 0 055813
DTP04 012314
Hep A-Hep B10,405,325 0 08808
Hep B-HIB4,621,999111314
Hepatitis A (Hep A)110,596,3001517231740
Hepatitis B (Hep B)116,853,06221034462975
HIB70,755,674014549
HPV55,168,454100596973142
Influenza5809,000,0001865616699134833
IPV52,439,162 003325
Measles135,660 0111
Meningococcal51,173,032112022325
MMR65,864,7451614487864142
MMR-Varicella8,073,6187714721
Nonqualified6N/A 002020
OPV01134
Pneumococcal Conjugate123,606,306 01561319
Rotavirus61,336,583 021416521
Rubella422,548 011 01
Td53,009,0154547561571
Tdap133,744,203655970777
TETANUS3,836,0522 014161026
Unspecified7N/A1 023538541
Varicella82,534,2573517251035
Grand Total1,968,399,297881391,0731,3001,0632,363

DEFINITIONS:

  1. Compensable – The injured person who filed a claim was paid money by the VICP.   Compensation can be achieved through a concession by the Department of Health and Human Services (HHS), a decision on the merits of the claim by a special master or a judge of the United States Court of Federal Claims (Court), or a settlement between the parties.
    1. Concession:  HHS concludes that a petition should be compensated based on a thorough review and analysis of the evidence, including medical records and the scientific and medical literature.  The HHS review concludes that the petitioner is entitled to compensation, including a determination either that it is more likely than not that the vaccine caused the injury or the evidence supports fulfillment of the criteria of the Vaccine Injury Table.  The Court also determines that the petition should be compensated.
    2. Court Decision:  A special master or the court, within the United States Court of Federal Claims, issues a legal decision after weighing the evidence presented by both sides.  HHS abides by the ultimate Court decision even if it maintains its position that the petitioner was not entitled to compensation (e.g., that the injury was not caused by the vaccine).
      1. For injury claims, compensable court decisions are based in part on one of the following determinations by the court:
        1. The evidence  is legally sufficient to show that the vaccine more likely than not caused (or significantly aggravated) the injury; or
        2. The injury is Iisted on, and meets all of the requirements of, the Vaccine Injury Table, and HHS has not proven that a factor unrelated to the vaccine more likely than not caused or significantly aggravated the injury.  An injury listed on the Table and meeting all Table requirements is given the legal presumption of causation.   It should be noted that conditions are placed on the Table for both scientific and policy reasons.
    3. Settlement:  The petition is resolved via a negotiated settlement between the parties. This settlement is not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the petitioner’s alleged injuries, and, in settled cases, the Court does not determine that the vaccine caused the injury.   A settlement therefore cannot be characterized as a decision by HHS or by the Court that the vaccine caused an injury.  Claims may be resolved by settlement for many reasons, including consideration of prior court decisions; a recognition by both parties that there is a risk of loss in proceeding to a decision by the Court making the certainty of settlement more desirable; a desire by both parties to minimize the time and expense associated with litigating a case to conclusion; and a desire by both parties to resolve a case quickly and efficiently.
  2. Non-compensable/Dismissed – The injured person who filed a claim was ultimately not paid money.
    1. Non-compensable Court decisions include the following:
      1. The Court determines that the person who filed the claim did not demonstrate that the injury was caused (or significantly aggravated) by a covered vaccine or meet the requirements of the Table (for injuries listed on the Table).
      2. The claim was dismissed for not meeting other statutory requirements (such as not meeting the filing deadline, not receiving a covered vaccine, and not meeting the statute’s severity requirement).
      3. The injured person voluntarily withdrew his or her claim.

1The date range for this table was selected to reflect the status of the current Program since the inclusion of influenza in July 2005, which now constitutes the majority of all VICP claims.

2This is the first vaccine listed by the petitioner in the claim, and other vaccines may be alleged or may form the basis of compensation.

3Vaccine doses are self-reported distribution data provided by US-licensed vaccine manufacturers. The data provide an estimate of the annual national distribution and do not represent vaccine administration.  In order to maintain confidentiality of an individual manufacturer or brand, the data are presented in an aggregate format by vaccine type.

4Whole cell pertussis vaccines were not distributed during this time period.

5Flu doses are derived from CDC’s FluFinder tracking system, which includes data provided to CDC by US-licensed influenza vaccine manufacturers as well as their first line distributors.

6Claims filed for vaccines which are not covered under the VICP.

7Insufficient information submitted by petitioner to make an initial determination. The concession was for multiple unidentified vaccines that caused abscess formation at the vaccination site(s), and the settlements were for multiple vaccines later identified in the Special Master’s Decisions.