1986 Vaccine Injury Law

The National Childhood Vaccine Injury Act of 1986 acknowledged that vaccine injuries and deaths are real and that the vaccine injured and their families should be financially supported and that vaccine safety protections were needed in the mass vaccination system. 

The law established the National Vaccine Injury Compensation Program (NVICP), which was created to to ensure vaccine supply, stabilize vaccine costs, and establish a no-fault compensation alternative for those injured by vaccines. Currently the U. S. Court of Federal Claims decides vaccine injury claims and three Federal government offices jointly work to administer in the NVICP:

• the U.S. Department of Health and Human Services (HHS);
• the U.S. Department of Justice (DOJ); and
• the U.S. Court of Federal Claims (the Court).

The law preserved the right for vaccine-injured persons to bring a lawsuit in the court system if federal compensation is denied or is not sufficient. By 2018, the U.S. Court of Claims had awarded nearly $4 billion dollars to vaccine victims for their catastrophic vaccine injuries, although two out of three applicants have been denied compensation.  The law also included legal requirements for vaccine providers to:

• give parents vaccine benefits and risk information before their children are vaccinated;
• keep written records of vaccine manufacturer names and lot numbers for each vaccination given;
• enter serious health problems following vaccination into a child's permanent medical record; and
• report serious health problems following vaccination to the federal Vaccine Adverse Events Reporting System (VAERS).· 

The law also established the following federal advisory committees, that also play a role in shaping vaccination policy in the U.S.  The public may make public comments and/or attend these committee meetings and minutes and updates of tasks undertaken by these committees are posted on their websites.  For more information on these committees, click the links below.

• Advisory Commission on Childhood Vaccines(ACCV) 
• National Vaccine Advisory Committee (NVAC) - public meeting schedule;

Other committees shaping vaccination policy in the U.S. that were not established by the 1986 law include:

• Advisory Committee for Immunization Practices (ACIP) - public meeting schedule;
• Vaccines and Related Biological Products Advisory Committee (FDA VRBPAC) - public meeting schedule;

The Vaccine Injury Compensation Program (VICP)was created under the National Childhood Vaccine Injury Act of 1986 (PL-99-660) enacted by Congress to institute vaccine safety reforms in the U.S. mass vaccination system and to create a federal no-fault, non-adversarial alternative to suing vaccine manufacturers and providers in civil court.

The VICP is administered jointly by the U.S. Department of Health and Human Services (HHS), the U.S. Court of Federal Claims (the Court), and the U.S. Department of Justice (DOJ). The VICP is located in the HRSA Healthcare Systems Bureau. Covered vaccines and compensable injuries are described on the "Vaccine Injury Table.”

Federal vaccine injury compensation awarded under the 1986 law was divided into two parts: (1) compensation for injuries or deaths that occurred before October 1, 1988 (no matter how long ago the injury occurred) for which the injured individual could choose to pursue a lawsuit without restrictions but the claim would have had to have been filed in the VICP by January 31, 1991; and (2) Injuries or deaths occurring after October 1, 1988. If a vaccine injury or death occurred after October 1, 1988, the injured person is required to apply for federal compensation before pursuing a lawsuit against a vaccine manufacturer or vaccine provider in civil court. If the U.S. Court of Claims awards compensation to the vaccine-injured person:

• The VICP will offer to pay up to $250,000 for a vaccine associated death.
• The VICP will offer to pay for all past and future unreimbursed medical expenses, custodial and nursing home care; and up to $250,000 in pain and suffering as well as loss of earned income.
• If an individual rejects the award or is denied compensation, a lawsuit may be filed in civil court but with certain restrictions.
• Claims must be filed within 24 months of a death and 36 months of an injury. 

For more information, including information about restrictions that apply to filing a petition, visit the VICP website or phone 1-800-338-2382. For information on the Rules of the Court, including requirements for filing a petition, visit the Court's Website or phone (202) 357-6400.

 In order to file a compensation claim you will likely need to hire an attorney who is experienced in bringing vaccine injury claims under the VICP. The VICP maintains a list of lawyers who have filed VICP claims. George Washington University runs a pro bono clinic, however, please note that students serve as the attorney (with supervision).

Information from nvic.org