Breadcrumb
  1. Home
  2. National Vaccine Injury Compensation Program
  3. Who Can File a Petition

Who Can File a Petition

You may file a petition if you:

  • received a covered vaccine and believe that you have been injured by the vaccine,
  • are the parent or legal guardian of a child or disabled adult who received a covered vaccine and whom you believe was injured by the vaccine, or
  • are the legal representative of the estate of a deceased person who received a covered vaccine and who you believe was injured by the vaccine and/or whose death you believe resulted from that vaccination.

You may file a petition regardless of your age and whether or not you are a U.S. citizen. The covered vaccine must have been given in the United States or its trust territories unless:

  • the person who received the vaccine was, at the time of vaccination, a U.S. citizen serving abroad as a member of the Armed Forces or as an employee of the U.S. Government, or a dependent of such a citizen; or
  • the vaccine’s manufacturer was located in the United States and the person who received the vaccine returned to the United States within six months after the date of vaccination.

Severity Requirements

You can file a petition when the effects of the injury:

  • lasted for more than six months after the vaccination; or
  • resulted in inpatient hospitalization and surgical intervention; or
  • resulted in death.

Filing Deadlines

You must file your petition within the following timeframes:

  • Injury: within three years after the first symptom or manifestation of onset or of the significant aggravation of the injury;
  • Death: within two years of the death and within four years of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted;
  • Certain Vaccine Injury Table (Table) changes: two years from the date of the Table change for injuries or deaths that occurred up to eight years before the Table change. A Table change includes new vaccines or injuries added to the Table or other changes to the Table if the revision makes a petitioner eligible to seek compensation or significantly increases the likelihood of a petitioner obtaining compensation. 
  • The Court may extend a deadline using equitable tolling in very limited circumstances.

Frequently Asked Questions

For more information, read the FAQs.

Date Last Reviewed: