Learn About the Vaccines That Aren’t Covered Under the VICP

For individuals and families who are coping with the effects of vaccine-related injuries and illnesses, seeking financial compensation can be a critical step in the recovery process. In many cases, this involves filing a claim under the National Vaccine Injury Compensation Program (VICP). The VICP is a federal program that allows individuals and families to file claims for injuries and illnesses related to the vaccinations listed on the Vaccine Injury Table.

These are referred to as “covered” vaccines.

But, what if your (or your loved one’s) vaccination isn’t covered?

Unfortunately, filing a VICP claim is not an option for individuals and families who are dealing with the financial and non-financial costs of medical conditions caused by non-covered vaccinations. In this scenario, the options that are available depend on the specific vaccination involved. Our firm does not handle cases involving non-covered vaccinations.

Which Vaccines Aren’t Covered Under the VICP?

Since the VICP specifically (and exclusively) covers the vaccinations listed on the Vaccine Injury Table, any vaccination that is not listed on the table is classified as a non-covered vaccination. This means that the following vaccinations are not covered under the program:

  • Cholera
  • COVID-19
  • Japanese Encephalitis Virus (JEV)
  • Rabies
  • Respiratory Syncytial Virus (RSV)
  • Shingles
  • Typhoid
  • Yellow Fever

Even though the U.S. Centers for Disease Control and Prevention (CDC) recommend many of these vaccines before traveling, they are not listed on the Vaccine Injury Table. As a result, if you or a loved one has been diagnosed with an injury or illness linked to one of these vaccines, you are not eligible to file a claim under the VICP.

Why Aren’t These Vaccines Covered Under the VICP?

Why aren’t injuries and illnesses linked to these vaccines eligible for compensation under the National Vaccine Injury Compensation Program (VICP)? The short answer is, “It’s complicated.” As the U.S. Health Resources & Services Administration (HRSA) explains, “[f]or a vaccine to be covered, the [CDC] must recommend the category of vaccine for routine administration to children or pregnant women, and it must be subject to an excise tax by federal law.”

This explains (though it doesn’t necessarily justify) why vaccines that are typically only recommended for foreign travel—such as the typhoid and yellow fever vaccines—aren’t covered. But, it doesn’t explain why the COVID-19 vaccine and others fall outside of the VICP. Ultimately, there isn’t a clear and cohesive explanation, and advocates have been trying to have the COVID-19 vaccine and others covered under the VICP for years.

What Are Your Legal Options When Dealing with an Illness or Injury Caused By a Non-Covered Vaccination?

If you aren’t eligible to file a VICP claim, what are your legal options when dealing with an injury or illness caused by a non-covered vaccination? While individual circumstances vary, generally speaking, there are three potential options:

  • File a Claim Under a Different Government Program – While injuries and illnesses caused by non-covered vaccines don’t fall under the VICP, they may fall under another government program.
  • Sue the Vaccine Manufacturer – Suing a vaccine manufacturer generally requires evidence that the vaccine in question is “defective” under applicable law.
  • Sue the Vaccine Administrator – In cases involving shoulder injuries related to vaccine administration (SIRVA), it may be possible to sue the vaccine administrator for medical malpractice.

All of these options are more complicated than filing a VICP claim; and, while there are no guarantees under any circumstances, they are generally more challenging than filing a VICP claim as well. If your (or your loved one’s) vaccination isn’t covered under the VICP or another program and you don’t have a medical malpractice claim for improper vaccine administration, attempting to sue the vaccine’s manufacturer is a uniquely challenging process that may or may not be worth it under the circumstances at hand.

It is also important to note that if you have been diagnosed with a vaccine-related injury or illness that prevents you from working (and your vaccination is not covered under the VICP), you may qualify for Social Security Disability (SSD), Supplemental Security Income (SSI) or other federal benefits. You may be eligible for disability or other benefits that are available at the state level as well. Ultimately, if you are facing the costs of a vaccine-related injury or illness, you will want to make sure that you are considering all of the options you have available.

Non-Covered Vaccinations vs. “Off Table” Injuries and Illnesses: What’s the Difference?

If you look at the Vaccine Injury Table, you will see that in addition to listing certain vaccines, it also lists certain vaccine-related injuries and illnesses. These are referred to as “on table” injuries and illnesses under the VICP.

Any medical conditions linked to covered vaccines that aren’t listed on the Vaccine Injury Table are referred to as “off table” injuries and illnesses. Unlike non-covered vaccinations, these “off table” injuries are still eligible for compensation under the program.

The distinction between “on table” and “off table” injuries has to do with what VICP claimants need to prove to recover financial compensation. With “on table” injuries and illnesses, proof of causation isn’t required—if symptoms onset within the timeframe prescribed by the table, the injury or illness is eligible to be compensated. However, when seeking financial compensation for an “off table” injury, a claimant must be able to prove that a covered vaccination is responsible for the claimant’s (or the claimant’s loved one’s) diagnosis.

Again, however, injuries and illnesses linked to non-covered vaccinations are not eligible for compensation under the VICP in any circumstances.

Not Sure if Your Vaccine Injury Qualifies for Compensation?

If you are dealing with the effects of a vaccine-related injury or illness and aren’t sure what legal options you have available, we can help you find out. For more information, here is a complete list of the vaccines that are currently covered under the National Vaccine Injury Compensation Program (VICP). Need legal advice? Call us at 202-775-9200 or contact us online for a free consultation.