For vaccine recipients and their families coping with serious or fatal complications, seeking financial compensation generally involves filing a claim under the National Vaccine Injury Compensation Program (VICP). The VICP is a government program that Congress established so that vaccine recipients and families would not have to sue pharmaceutical companies. With that said, filing a VICP claim still is not a straightforward process, so working with an experienced vaccine lawyer is strongly recommended.

All VICP claims are subject to strict deadlines. These deadlines are established by a federal statute of limitations, which appears in 42 U.S. Code Section 300aa-16. VICP claimants must strictly comply with these deadlines, as those who wait too long to file will be unable to seek the financial compensation that would otherwise be available.

Statute of Limitations for Non-Fatal Vaccine Injuries

For vaccine recipients who have been diagnosed with vaccine-related medical conditions such as shoulder injuries related to vaccine administration (SIRVA) and Guillain-Barré Syndrome (GBS), the statute of limitations for filing a VICP claim appears in Section 300aa-16(a)(2). This provision of federal law states:

“[I]f a vaccine-related injury occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the [VICP] for such injury after the expiration of 36 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of such injury.”

In other words, the statute of limitations for filing a VICP claim for a non-fatal vaccine injury is three years. This three-year “limitations period” starts to run on the date that a vaccine recipient first experiences symptoms or any other “manifestation of onset” of their injury. This may or may not be the date that the vaccine recipient was immunized. While some vaccine recipients may notice symptoms immediately, others may not notice symptoms for months, weeks, or even longer.

Statute of Limitations for Fatal Vaccine Injuries

In cases involving fatal vaccine injuries, a different statute of limitations applies. The deadline for filing a fatal vaccine injury claim under the VICP appears in Section 300aa-16(a)(3):

“[I]f a death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such death after the expiration of 24 months from the date of the death and no such petition may be filed more than 48 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted.”

This means that there are actually two deadlines that apply when a vaccine recipient tragically loses his or her life as a result of a vaccine-related diagnosis. An eligible family member must file a claim within two years of the vaccine recipient’s date of death and must also file within four years of the vaccine recipient’s first symptom or other “manifestation of onset.”

For example, if a vaccine recipient was immunized on January 2, 2026, the recipient’s family would have until January 1, 2030 to file a VICP claim at the latest. However, if the recipient died on January 31, 2026, the family would need to file by January 30, 2028. On the other hand, if the recipient died on January 31, 2029, the four-year limitations period would still apply (meaning that the family would still need to file by January 1, 2030).

Potential VICP Claimants Should Not Wait Longer Than Necessary

Regardless of how long a vaccine recipient or family must wait to file a VICP claim, it is important not to wait any longer than necessary. Important reasons to take action promptly after receiving a vaccine-related diagnosis or losing a loved one to a vaccine-related medical condition include:

  • There Are Steps that It Is Important to Take Promptly (If Possible) – From ensuring access to all necessary medical records to documenting the financial and non-financial costs of a vaccine-related diagnosis, there are several steps that it is important to take promptly (if possible). By promptly engaging an experienced vaccine lawyer, vaccine recipients and family members can ensure that they are doing everything necessary to protect their legal rights.
  • Preparing a VICP Claim Takes Time – It is a time-intensive process. Claimants must ensure they have all necessary documentation and file their petitions in strict compliance with all applicable legal requirements. Here too, hiring an experienced vaccine lawyer promptly will help avoid unnecessary issues and delays.
  • The VICP Claims Process Takes Time – Filing a petition is just the first step. The process takes time, too, and the time required depends on a variety of factors beyond a claimant’s control. While filing a petition prevents the statute of limitations from expiring, there may still be work to do at this stage. While we have successfully resolved many of our clients’ claims in a matter of months, the process can take a year or longer in some cases.
  • Filing Promptly Will Allow for Payment As Soon As Possible (If a Claim is Successful) – Finally, and most importantly for many vaccine recipients and families, filing promptly will allow for payment as soon as possible (if their claim is successful). Many vaccine recipients and families truly need the financial compensation they are seeking through the VICP. In these cases, starting the process as soon as possible will help ensure it is over as quickly as possible.

Schedule a Free Consultation with an Experienced Vaccine Lawyer Today

The lawyers at the Law Offices of Leah V. Durant & Associates provide experienced legal representation for vaccine recipients and families nationwide. If you need more information about the requirements for filing a claim under the National Vaccine Injury Compensation Program (VICP), we invite you to get in touch. To schedule a free consultation with an experienced vaccine lawyer, call us at 202-775-9200 or tell us how we can contact you online today.