Who Can File

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 6 months after the date of vaccination.

Severity Requirements

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

lasted for more than 6 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 3 years after the first symptom or manifestation of onset or of the significant aggravation of the injury;
• Death: within 2 years of the death and within 4 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: 2 years from the date of the Table change for injuries or deaths that occurred up to 8 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.