Robert F. Kennedy, Secretary of the U.S. Department of Health and Human Services (HHS), has proposed a major overhaul of the National Vaccine Injury Compensation Program (VICP). In doing so, he leveled criticism at various aspects of the program and suggested that it is not adequately serving its purpose of serving as a source of financial recovery for people dealing with the consequences of vaccine-related injuries and illnesses. In this article, vaccine attorney Leah V. Durant discusses what we know so far about Kennedy’s proposal and provides an overview of the current status of the VICP.
What We Know So Far About Secretary Kennedy’s Proposal
To date, Kennedy has not released any specific details regarding his proposal to reshape the National Vaccine Injury Compensation Program. He first announced the proposal on the social media platform X, and then discussed his concerns about the VICP in a subsequent interview with Tucker Carlson.
As reported by Politico, Kennedy has concerns about VICP claims being the exclusive remedy for individuals and families who are coping with the effects of vaccine-related medical conditions. As Politico also reports:
“So far, we know [Kennedy] wants to increase the statute of limitations and to . . . compensate people injured by COVID-19 vaccines via the VICP; they currently fall under a separate program that’s been widely panned as ineffective.”
Notably, we have already seen efforts to have COVID-19 vaccines covered under the VICP. For example, as we have discussed previously, a group of COVID-19 vaccine recipients has filed a lawsuit in federal court seeking to compel HHS to add COVID-19 vaccines to the list of vaccines covered under the program, and advocates have been pushing for this for several years now as well.
Until we have more details, it is difficult to predict what (if anything) might happen to the VICP in the future. Whether we will see discrete changes, such as an extension of the statute of limitations and the addition of COVID-19 vaccines to the Vaccine Injury Table, or a more comprehensive overhaul that reshapes the program in its entirety remains to be seen. For now, though, eligible vaccine recipients can still file claims, and the federal government is still awarding compensation to those who are entitled to recover the financial and non-financial costs of their (or their loved one’s) vaccine injuries.
So, What Do You Need to Know if You Think You May Have a Vaccine Injury Claim?
With this in mind, what do you need to know if you think you may have a vaccine injury claim under the VICP? Here are five key facts about the current status of the VICP for vaccine recipients and their families:
1. The National Vaccine Injury Compensation Program (VICP) is Still Open
For now, the National Vaccine Injury Compensation Program (VICP) is open and operating as usual. While Kennedy has suggested that he intends to make changes, there is no indication that these changes (whatever form they may ultimately take) are going to occur in the immediate future.
This means that individuals and families who are coping with the effects of vaccine-related medical conditions can—and should—talk to a vaccine attorney about their legal rights. Under the terms of the VICP, claimants can hire an attorney to represent them at no cost.
2. The VICP Has Awarded Billions of Dollars to Eligible Claimants
One of Kennedy’s stated concerns is that the VICP does not serve as an adequate source of recovery for individuals and families who have been harmed by vaccines. However, since its establishment in the late 1980s, the VICP has paid more than $4.8 billion to successful claimants. The number of successful claims has increased dramatically over the VICP’s lifespan, and 2025 is on pace to be a near-record year in terms of the number of compensation awards issued to claimants.
3. Claimants Can Recover Just Compensation for Their Financial and Non-Financial Losses
To put the approximately $4.8 billion in total awards issued under the VICP in context, this puts the average award under the program at $403,386. This includes compensation for eligible claimants’ medical bills and other out-of-pocket expenses, lost earnings, and pain and suffering. Under the VICP, compensation for pain and suffering is capped at $250,000.
4. The VICP Covers Most (But Not All) CDC-Recommended Vaccines
As noted above, the VICP currently does not provide compensation for injuries and illnesses linked to COVID-19 vaccines. Certain other CDC-recommended vaccines are excluded from the program’s coverage as well. However, the VICP covers most other vaccines that the CDC recommends for routine administration to children and adults, including the annual flu shot, tetanus vaccines, MMR vaccines, and chickenpox vaccines, among others.
5. The VICP Serves as an Efficient and Cost-Effective Alternative to Suing a Drug Company or Healthcare Provider in Court
For individuals and families who are coping with the effects of vaccine-related injuries and illnesses, the VICP serves as an efficient and cost-effective alternative to suing a drug company or healthcare provider in court. The process of filing a VICP claim is significantly more streamlined and less time-consuming than pursuing a traditional defective drug or medical malpractice lawsuit. While government attorneys scrutinize all VICP claims, they are also generally willing to settle valid claims for just compensation. As a result, for those who need help recovering from vaccine-related medical conditions, filing a VICP claim can be a critical step in the recovery process—and the ability to file a VICP claim can open up the possibility of recovering just compensation when this might not otherwise be feasible.
Questions About Filing a VICP Claim? Schedule a Free Consultation with a Vaccine Attorney Today
Do you have questions about filing a claim under the National Vaccine Injury Compensation Program (VICP)? If so, we invite you to get in touch. To schedule a free consultation with an experienced vaccine attorney, please call 202-775-9200 or contact us online today.