There are three means to qualify for compensation:

1. A petitioner must show that an injury found on the Vaccine Injury Table (Table) occurred; or
2. A petitioner must prove that the vaccine caused the condition; or
3. A petitioner must prove that the vaccine significantly aggravated a pre-existing condition.

The Table lists specific injuries or conditions and the time frames in which they must occur after vaccine administration. The Table is a legal mechanism for defining complex medical conditions and allows a statutory “presumption of causation.” It is much easier to demonstrate a “Table Injury” than to prove that the vaccine caused the condition. Compensation is not awarded, however, if the United States Court of Federal Claims determines that the injury or death was due to a cause unrelated to the vaccine, even if it was a Table Injury.

In contrast to civil liability suits, hearings determine eligibility under the VICP usually last only 1 or 2 days. A case found eligible for compensation is scheduled for a hearing to assess the amount of compensation. Most claims found to be noncompensable receive awards for attorney’s fees and costs.

This answer reflects the current thinking of the United States Department of Health and Human Services on the topics addressed. This answer 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.