Filing
Deadlines
The general filing deadlines are:
- For an injury, your claim must
be filed within 3 years after the first
symptom of the vaccine injury.
- For a death, your claim must
be filed within 2 years of the death
and 4
years after the start of first symptom
of the vaccine-related injury from which
the death occurred.
When a new vaccine is
covered by the VICP or when a new
injury/condition is added
to the Vaccine Injury Table (Table), claims
that do not meet the general filing deadlines
must be filed within 2 years from the date
the vaccine or injury/condition is added
to the Table for injuries or deaths that
occurred up to 8 years before the Table
change. The Table lists and explains injuries
that are presumed to be caused by vaccines.
For details about the Table, go to Vaccine
Injury Table.
For example, the hepatitis A vaccine was
covered by the VICP as of December 1, 2004.
Under the general filing deadline for an
injury, the claim must be filed within
3 years after the first symptom of the
vaccine injury. However, claims that do
not meet the general filing deadlines must
be file by December 1, 2006 for injuries
or deaths that occurred on or after December
1, 1996.
As a general filing rule, for individuals
who are filing a claim, the appropriate
filing deadline is the one above that
provides the most time to file an injury
or a death claim.
This
information reflects the current thinking of the United States Department
of Health and Human Services on the topics addressed. This information is
not legal advice and does not create or confer any rights for or on any
person and does not operate to bind the Department or the public. The ultimate
decision about the scope of the statutes authorizing the VICP is within
the authority of the United States Court of Federal Claims, which is responsible
for resolving claims for compensation under the VICP.
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