The rotavirus vaccine (Rotarix) is already covered under the VICP. As of October 22, 1998, the general category of rotavirus vaccines has been covered under Category XI of the Vaccine Injury Table (Table). The category of vaccines containing live, oral, rhesus-based rotavirus, Category XII on the Table, is no longer effective. For this reason, all claims concerning rotavirus vaccines must now be filed under Category XI of the Table. (42 CFR 100.3(a)(XI)).
This category of vaccines does not include any Table injuries. To be eligible for compensation, claims must be filed:
- within 3 years after the first symptom of the vaccine injury; or
- within 2 years of the vaccine-related death and not more than 4 years after the start of the first symptom of the vaccine-related injury from which the death occurred.
Go to the National Vaccine Injury Compensation Program
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.