The process
How a vaccine injury claim actually works.
One federal court in Washington, DC hears every claim in the country. You never go there. Here is what happens, in order.
- 1
Get medical care and keep the records
Before anything legal happens, get treated. Tell every doctor when you were vaccinated and when symptoms started — that timeline is the spine of a vaccine-court case. Keep the vaccination card, pharmacy receipt, or clinic record showing the date and the shot.
- 2
Talk to a vaccine-court attorney — free
The program pays reasonable attorney fees and costs for any claim filed in good faith with a reasonable basis, whether or not you win. That means a consultation and representation cost you nothing. Most vaccine attorneys practice nationally; where they sit does not matter.
- 3
Your attorney files a petition in the Court of Federal Claims
Every claim in the country goes to one place: the Office of Special Masters at the U.S. Court of Federal Claims in Washington, DC. You never have to travel there. The petition includes your medical records, a statement of what happened, and, for off-Table injuries, a medical expert opinion on causation.
- 4
HHS reviews the medical file
A physician at the Department of Health and Human Services reviews your records and recommends whether the claim meets the program's standards. The Department of Justice represents HHS in the case — the respondent is the Secretary of HHS, not the doctor, the clinic, or the manufacturer.
- 5
A special master decides entitlement
A special master — a judge who hears only vaccine cases — decides whether you are entitled to compensation. Table injuries inside the onset window are presumed to be caused by the vaccine. Off-Table injuries need proof that the vaccine more likely than not caused the injury. Many cases settle or are conceded before a hearing.
- 6
Damages are calculated and paid
If entitlement is found, the parties work out damages: past and future medical costs, lost earnings, pain and suffering (capped at $250,000), and a $250,000 death benefit where applicable. Payment comes from the Vaccine Injury Compensation Trust Fund, not from anyone you sued. You can accept the award, or reject it and pursue a civil lawsuit.
8
Special masters for the whole country
The main reason cases take years. The reform bill would make it at least 10.
~50%
Of decided petitions have been compensated
12,019 of 28,673 filed through FY 2025.
$4.66 billion
In the Trust Fund
As of September 30, 2025. Money is not the constraint — judges are.
Who you are actually up against
Not your doctor. Not the pharmacy. Not the manufacturer. The respondent in every case is the Secretary of Health and Human Services, represented by lawyers from the Department of Justice. They review the medical record, take a position on whether the vaccine caused your injury, and negotiate damages.
That sounds adversarial, and sometimes it is. But the same government that defends the case also pays your attorney's fees and, if you win, pays the award from a trust fund it administers. Nobody is trying to protect a company's bottom line. The fight is over medicine and the calendar — which is exactly why an attorney who does this every day matters.
Find oneNot sure if you have a case? Ask.
A review costs you nothing — the program pays attorney fees whether or not a claim succeeds. Tell us what happened and when, and an attorney will tell you honestly whether it is worth pursuing.