Vaccine Litigation Section

Trial attorneys with the Vaccine Litigation Section of the Office of Constitutional and Specialized Tort Litigation represent the interests of the Secretary of the Department of Health and Human Services in all cases filed in the U.S. Court of Federal Claims under the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”), 42 U.S.C. §§ 300aa-10 et seq.

The Vaccine Act created a unique mechanism for compensating persons injured by vaccinations.  The VICP is an alternative to traditional products liability and medical malpractice litigation for persons injured by their receipt of one or more of the standard childhood vaccines.  Individuals who believe they have been injured by a covered vaccine can file a claim against the Secretary of the Department of Health and Human Services (HHS) in the U.S. Court of Federal Claims seeking compensation from the Vaccine Trust Fund.   Vaccine Litigation attorneys defend HHS against claims filed under the VICP, and ensure that fair compensation is awarded in every case meeting the eligibility criteria.

The Section offers a unique trial practice in which attorneys engage with varied issues of public health, science, and medicine. Many cases involve complex scientific issues of causation that require expert witnesses in medical fields such as pediatrics, neurology, immunology, and epidemiology. In cases in which individuals are found entitled to compensation, the litigation occasionally requires use of damages experts to develop an appropriate life care plan for the injured party.

The VICP is designed to encourage vaccination by providing a streamlined system for compensation in rare instances where an injury results from vaccination.  Over the past 40 years, the VICP has succeeded in providing a less adversarial, less expensive, and less time-consuming system of recovery than the traditional tort system that governs medical malpractice, personal injury, and product liability cases.   Further, by protecting the Vaccine Trust Fund against claims by those who have not suffered a vaccine-related injury, the Vaccine Litigation Section helps to preserve the Fund for future eligible claimants.  Claimants may also recover reasonable attorney's fees and costs, and the Program also permits attorney fee awards to be made when a claim is otherwise denied, as long as it was filed in good faith, and with a reasonable basis.

A significant, positive result of the Program is that costly litigation against drug manufacturers and health care professionals who administer vaccines has substantially decreased. Although an individual who is dissatisfied with the Court’s final judgment has the option to file a lawsuit in State or Federal court, very few lawsuits have been filed since the Program began. The supply of vaccines in the U.S. has stabilized, and the development of new vaccines has markedly increased.

For more information about the Vaccine Injury Compensation Program, please visit the HHS Health Services Administration's VICP website