May 2018 Vaccine Injury Compensation

 

Health Resources & Services Administration

 

 

Data & Statistics

 

 

The United States has the safest, most effective vaccine supply in history. In the majority of cases, vaccines cause no side effects, however they can occur, as with any medication—but most are mild. Very rarely, people experience more serious side effects, like allergic reactions.

 

In those instances, the National Vaccine Injury Compensation Program (VICP) allows individuals to file a petition for compensation.

 

What does it mean to be awarded compensation?

Being awarded compensation for a petition does not necessarily mean that the vaccine caused the alleged injury. In fact:

  • Almost 80 percent of all compensation awarded by the VICP comes as result of a negotiated settlement between the parties in which HHS has not concluded, based upon review of the evidence, that the alleged vaccine(s) caused the alleged injury.
  • Attorneys are eligible for reasonable attorneys’ fees, whether or not the petitioner is awarded compensation by the Court, if certain minimal requirements are met. In those circumstances, attorneys are paid by the VICP directly. By statute, attorneys may not charge any other fee, including a contingency fee, for his or her services in representing a petitioner in the VICP.

 

What reasons might a petition result in a negotiated settlement?

  • Consideration of prior U.S. Court of Federal Claims decisions, both parties decide to minimize risk of loss through settlement
  • A desire to minimize the time and expense of litigating a case
  • The desire to resolve a petition quickly

 

How many petitions have been awarded compensation?

According to the CDC, from 2006 to 2016 over 3.1 billion doses of covered vaccines were distributed in the U.S.  For petitions filed in this time period, 5,426 petitions were adjudicated by the Court, and of those 3,676 were compensated. This means for every 1 million doses of vaccine that were distributed, 1 individual was compensated.

 

Since 1988, over 19,361 petitions have been filed with the VICP. Over that 29-year time period, 17,168 petitions have been adjudicated, with 5,999 of those determined to be compensable, while 11,169 were dismissed. Total compensation paid over the life of the program is approximately $3.8 billion.

 

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 petitions for compensation under the VICP.

 

 

 

 

VICP Adjudication Categories, by Alleged Vaccine,

For Petitions Filed Since the Inclusion of Influenza as an Eligible Vaccine for Filings 01/01/2006 through 12/31/2016

 

 

 

 

Name of Vaccine Listed First in a Petition (other vaccines may be alleged or basis for

Number of Doses Distributed in the U.S.,

01/01/2006

compensation) 12/31/2016 (Source: CDC)  

Concession

 

D

Court

ecision

 

Settlement

 
DT 794,777   1 0 5 6 4 10
DTaP 95,532,634   17 24 99 140 111 251
DTaP-Hep B-IPV 63,245,627   5 11 26 42 46 88
DTaP-HIB 1,135,474   0 1 2 3 2 5
DTaP-IPV 21,143,570   0 0 2 2 1 3
DTap-IPV-HIB 56,635,096   3 4 7 14 28 42
DTP 0   1 1 3 5 2 7
DTP-HIB 0   0 0 3 3 1 4
Hep A-Hep B 14,706,195   1 0 15 16 4 20
Hep B-HIB 4,787,457   1 1 2 4 1 5
Hepatitis A (Hep A) 163,305,725   7 6 36 49 29 78
Hepatitis B (Hep B) 172,993,779   6 11 59 76 65 141
HIB 111,200,358   2 1 8 11 10 21
HPV 101,405,935   15 15 96 126 157 283

 

through

 

 

Compensable

 

 

 

 

Compensable

Total

 

 

 

Dismissed/Non- Compensable Total

 

 

 

 

Grand

Total

 

 

 

 

 

Name of Vaccine Listed First in a Petition (other vaccines may be alleged or basis for compensation)

Number of Doses Distributed in the U.S.,

01/01/2006 through

12/31/2016

 

 

 

 

 

 

 

 

Concession

 

 

 

Compensable

 

 

 

 

Court

 

 

 

 

 

 

 

 

Settlement

 

 

 

 

Compensable       Dismissed/Non-        Grand

Total                 Compensable           Total

Total

  (Source: CDC)   Decision  
Influenza 1,372,400,000 435 188 1,828 2,451 377 2,828
IPV 69,510,722 0 0 4 4 3 7
Measles 135,660 0 0 1 1 0 1
Meningococcal 82,762,503 1 5 36 42 7 49
MMR 94,815,650 21 16 80 117 115 232
Mumps 110,749 0 0 0 0 0 0
MMR-Varicella 21,349,409 8 1 11 20 13 33
Nonqualified 0 0 0 3 3 35 38
OPV 0 1 0 0 1 5 6
Pneumococcal              
Conjugate 206,003,646 10 4 15 29 23 52
Rotavirus 98,664,187 12 6 17 35 10 45
Rubella 422,548 0 1 1 2 0 2
Td 61,869,752 9 8 58 75 23 98
Tdap 225,013,338 72 17 218 307 56 363
Tetanus 3,836,052 8 2 35 45 19 64
Unspecified 0 1 1 4 6 585 591
Varicella 110,095,393 6 8 27 41 18 59
Grand Total 3,153,876,236 643 332 2,701 3,676 1,750 5,426

 

 

Notes on the Adjudication Categories Table

The date range of 01/01/2006 through 12/31/2016 was selected to reflect petitions filed since the inclusion of influenza vaccine in July 2005. Influenza vaccine now is named in the majority of all VICP petitions.

In addition to the first vaccine alleged by a petitioner, which is the vaccine listed in this table, a VICP petition may allege other vaccines, which may form the basis

of compensation.

Vaccine doses are self-reported distribution data provided by US-licensed vaccine manufacturers. The data provide an estimate of the annual national distribution

 

 

and do not represent vaccine administration. In order to maintain confidentiality of an individual manufacturer or brand, the data are presented in an aggregate format by vaccine type. Flu doses are derived from CDC’s FluFinder tracking system, which includes data provided to CDC by US-licensed influenza vaccine manufacturers as well as their first line distributors.

“Unspecified” means insufficient information was submitted to make an initial determination. The conceded “unspecified” petition was for multiple unidentified vaccines that caused abscess formation at the vaccination site(s), and the “unspecified” settlements were for multiple vaccines later identified in the Special Masters’ decisions

 

Definitions

 

Compensable – The injured person who filed a petition was paid money by the VICP. Compensation can be achieved through a concession by the U.S. Department of Health and Human Services (HHS), a decision on the merits of the petition by a special master or a judge of the U.S. Court of Federal Claims (Court), or a settlement between the parties.

 

  • Concession: HHS concludes that a petition should be compensated based on a thorough review and analysis of the evidence, including medical records and the scientific and medical literature. The HHS review concludes that the petitioner is entitled to compensation, including a determination either that it is more likely than not that the vaccine caused the injury or the evidence supports fulfillment of the criteria of the Vaccine Injury Table. The Court also determines that the petition should be compensated.
  • Court Decision: A special master or the court, within the United States Court of Federal Claims, issues a legal decision after weighing the evidence presented by both sides. HHS abides by the ultimate Court decision even if it maintains its position that the petitioner was not entitled to compensation (e.g., that the injury was not caused by the vaccine).

For injury petitions, compensable court decisions are based in part on one of the following determinations by the court:

  1. 1. The evidence is legally sufficient to show that the vaccine more likely than not caused (or significantly aggravated) the injury; or
  2. 2. The injury is listed on, and meets all of the requirements of, the Vaccine Injury Table, and HHS has not proven that a factor unrelated to the vaccine more likely than not caused or significantly aggravated the injury. An injury listed on the Table and meeting all Table requirements is given the legal presumption of causation. It should be noted that conditions are placed on the Table for both scientific and policy reasons.
  • Settlement: The petition is resolved via a negotiated settlement between the parties. This settlement is not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the petitioner’s alleged injuries, and, in settled cases, the Court does not determine that the vaccine caused the injury. A settlement therefore cannot be characterized as a decision by HHS or by the Court that the vaccine caused an injury. Petitions may be resolved by settlement for many reasons, including consideration of prior court decisions; a recognition by both parties that there is a

risk of loss in proceeding to a decision by the Court making the certainty of settlement more desirable; a desire by both parties to minimize the time and

expense associated with litigating a case to conclusion; and a desire by both parties to resolve a case quickly and efficiently.

  • Non-compensable/Dismissed: The injured person who filed a petition was ultimately not paid money. Non-compensable Court decisions include the following:
  1. 1. The Court determines that the person who filed the petition did not demonstrate that the injury was caused (or significantly aggravated) by a

covered vaccine or meet the requirements of the Table (for injuries listed on the Table).

  1. 2. The petition was dismissed for not meeting other statutory requirements (such as not meeting the filing deadline, not receiving a covered vaccine, and not meeting the statute’s severity requirement).
  2. 3. The injured person voluntarily withdrew his or her petition.

 

 

 

Petitions Filed, Compensated and Dismissed, by Alleged Vaccine,

Since the Beginning of VICP, 10/01/1988 through 5/01/2018

 

 

Vaccines  

Injury

 

Death

 

Grand

Compensated Dismissed
    Total    
DTaP-IPV 10 0 10 2 1
DT 69 9 78 26 52
DTP 3,286 696 3,982 1,273 2,709
DTP-HIB 20 8 28 7 21
DTaP 441 82 523 220 245
DTaP-Hep B-IPV 79 36 115 41 49
DTaP-HIB 11 1 12 7 4
DTaP-IPV-HIB 43 20 63 12 26
Td 205 3 208 120 74
Tdap 576 6 582 312 58
Tetanus 128 2 130 69 46
Hepatitis A (Hep A) 98 7 105 48 28
Hepatitis B (Hep B) 676 57 733 269 414
Hep A-Hep B 29 0 29 16 5
Hep B-HIB 8 0 8 5 3
HIB 42 3 45 16 20
HPV 368 14 382 122 154
Influenza 4,184 144 4,328 2,514 400
IPV 267 14 281 8 269
OPV 282 28 310 158 151
Measles 143 19 162 55 107
Meningococcal 64 2 66 41 7
MMR 959 61 1,020 398 576
MMR-Varicella 43 2 45 19 12
MR 15 0 15 6 9
Mumps 10 0 10 1 9
Pertussis 4 3 7 2 5
Pneumococcal

Conjugate

 

138

 

14

 

152

 

35

 

43

Rotavirus 89 4 93 54 21
Rubella 190 4 194 71 123
Varicella 97 9 106 61 30
Nonqualified1 97 9 106 3 100
Unspecified2 5,424 9 5,433 8 5,398
Grand Total 18,095 1,266 19,361 5,999 11,169

 

Filed

 

 

1 Nonqualified petitions are those filed for vaccines not covered under the VICP.

2 Unspecified petitions are those submitted with insufficient information to make a determination.

 

 

 

Petitions Filed

 

 

 

Fiscal Year Total
FY 1988 24
FY 1989 148
FY 1990 1,492
FY 1991 2,718
FY 1992 189
FY 1993 140
FY 1994 107
FY 1995 180
FY 1996 84
FY 1997 104
FY 1998 120
FY 1999 411
FY 2000 164
FY 2001 215
FY 2002 958
FY 2003 2,592
FY 2004 1,214
FY 2005 735
FY 2006 325
FY 2007 410
FY 2008 417
FY 2009 397
FY 2010 448
FY 2011 386
FY 2012 401
FY 2013 504
FY 2014 633
FY 2015 803
FY 2016 1,120
FY 2017 1,243
FY 2018 679
Total 19,361

 

 

 

 

Adjudications

Generally, petitions are not adjudicated in the same fiscal year as filed. On average, it takes 2 to 3 years to adjudicate a petition after it is filed.

 

Fiscal Year Compensable Dismissed Total
FY 1989 9 12 21
FY 1990 100 33 133
FY 1991 141 447 588
FY 1992 166 487 653
FY 1993 125 588 713
FY 1994 162 446 608
FY 1995 160 575 735
FY 1996 162 408 570
FY 1997 189 198 387
FY 1998 144 181 325
FY 1999 98 139 237
FY 2000 125 104 229
FY 2001 86 88 174
FY 2002 104 104 208
FY 2003 56 100 156
FY 2004 62 247 309
FY 2005 60 229 289
FY 2006 69 193 262
FY 2007 82 136 218
FY 2008 147 151 298
FY 2009 134 257 391
FY 2010 180 329 509
FY 2011 266 1,740 2,006
FY 2012 265 2,533 2,798
FY 2013 369 649 1,018
FY 2014 371 193 564
FY 2015 517 138 655
FY 2016 697 179 876
FY 2017 696 181 877
FY 2018 257 104 361
Total 5,999 11,169 17,168

 

 

 

Awards Paid

 

 

Number of        Petitioners’ Award

Fiscal Year     Compensated              Amount

Awards

Attorneys’ Fees/Costs Payments Number of Payments to Attorneys (Dismissed Cases) Fees/Costs           Payments          Attorneys’

Payments             to Interim         Fees/Costs           Total Outlays

(Dismissed           Attorneys’          Payments

Cases)

FY 1989 6 $1,317,654.78 $54,107.14 0 $0.00 0 $0.00 $1,371,761.92
FY 1990 88 $53,252,510.46 $1,379,005.79 4 $57,699.48 0 $0.00 $54,689,215.73
FY 1991 114 $95,980,493.16 $2,364,758.91 30 $496,809.21 0 $0.00 $98,842,061.28
FY 1992 130 $94,538,071.30 $3,001,927.97 118 $1,212,677.14 0 $0.00 $98,752,676.41
FY 1993 162 $119,693,267.87 $3,262,453.06 272 $2,447,273.05 0 $0.00 $125,402,993.98
FY 1994 158 $98,151,900.08 $3,571,179.67 335 $3,166,527.38 0 $0.00 $104,889,607.13
FY 1995 169 $104,085,265.72 $3,652,770.57 221 $2,276,136.32 0 $0.00 $110,014,172.61
FY 1996 163 $100,425,325.22 $3,096,231.96 216 $2,364,122.71 0 $0.00 $105,885,679.89
FY 1997 179 $113,620,171.68 $3,898,284.77 142 $1,879,418.14 0 $0.00 $119,397,874.59
FY 1998 165 $127,546,009.19 $4,002,278.55 121 $1,936,065.50 0 $0.00 $133,484,353.24
FY 1999 96 $95,917,680.51 $2,799,910.85 117 $2,306,957.40 0 $0.00 $101,024,548.76
FY 2000 136 $125,945,195.64 $4,112,369.02 80 $1,724,451.08 0 $0.00 $131,782,015.74
FY 2001 97 $105,878,632.57 $3,373,865.88 57 $2,066,224.67 0 $0.00 $111,318,723.12
FY 2002 80 $59,799,604.39 $2,653,598.89 50 $656,244.79 0 $0.00 $63,109,448.07
FY 2003 65 $82,816,240.07 $3,147,755.12 69 $1,545,654.87 0 $0.00 $87,509,650.06
FY 2004 57 $61,933,764.20 $3,079,328.55 69 $1,198,615.96 0 $0.00 $66,211,708.71
FY 2005 64 $55,065,797.01 $2,694,664.03 71 $1,790,587.29 0 $0.00 $59,551,048.33
FY 2006 68 $48,746,162.74 $2,441,199.02 54 $1,353,632.61 0 $0.00 $52,540,994.37
FY 2007 82 $91,449,433.89 $4,034,154.37 61 $1,692,020.25 0 $0.00 $97,175,608.51
FY 2008 141 $75,716,552.06 $5,191,770.83 74 $2,531,394.20 2 $117,265.31 $83,556,982.40
FY 2009 131 $74,142,490.58 $5,404,711.98 36 $1,557,139.53 28 $4,241,362.55 $85,345,704.64
FY 2010 173 $179,387,341.30 $5,961,744.40 59 $1,933,550.09 22 $1,978,803.88 $189,261,439.67
FY 2011 251 $216,319,428.47 $9,572,042.87 403 $5,589,417.19 28 $2,001,770.91 $233,482,659.44
FY 2012 249 $163,491,998.82 $9,241,427.33 1,020 $8,649,676.56 37 $5,420,257.99 $186,803,360.70
FY 2013 375 $254,666,326.70 $13,543,099.70 704 $7,012,615.42 50 $1,454,851.74 $276,676,893.56
FY 2014 365 $202,084,196.12 $12,161,422.64 508 $6,824,566.68 38 $2,493,460.73 $223,563,646.17
FY 2015 508 $204,137,880.22 $14,507,692.27 117 $3,484,869.16 50 $3,089,497.68 $225,219,939.33
FY 2016 689 $230,140,251.20 $16,225,881.12 99 $2,741,830.10 59 $3,502,709.91 $252,610,672.33

 

Attorneys’

Number of

Interim

 

 

  Attorneys’  
  Number of   Attorneys’ Number of Payments Fees/Costs Number of Interim  
Fiscal Year Compensated Petitioners’ Award Fees/Costs to Attorneys Payments Payments Attorneys’ Total Outlays
  Awards Amount Payments (Dismissed Cases) (Dismissed to Interim Fees/Costs  
          Cases) Attorneys’ Payments  

 

FY 2017 706 $252,245,932.78 $22,045,785.00 131 $4,441,724.32 52 $3,363,464.24 $282,096,906.34
FY 2018 324 $115,493,471.10 $10,459,731.99 64 $3,194,990.45 36 $3,137,308.44 $132,285,501.98
Total 5,991 $3,603,989,049.83 $180,935,154.25 5,302 $78,132,891.55 402 $30,800,753.38 $3,893,857,849.01

 

 

 

NOTE: Some previous fiscal year data has been updated as a result of the receipt and entry of data from documents issued by the Court and system updates which included petitioners’ costs reimbursements in outlay totals,

 

“Compensated” are petitions that have been paid as a result of a settlement between parties or a decision made by the U.S. Court of Federal Claims (Court). The

# of awards is the number of petitioner awards paid, including the attorneys’ fees/costs payments, if made during a fiscal year. However, petitioners’ awards and attorneys’ fees/costs are not necessarily paid in the same fiscal year as when the petitions/petitions are determined compensable. “Dismissed” includes the # of payments to attorneys and the total amount of payments for attorneys’ fees/costs per fiscal year. The VICP will pay attorneys’ fees/costs related to the petition, whether or not the petition/petition is awarded compensation by the Court, if certain minimal requirements are met. “Total Outlays” are the total amount of funds expended for compensation and attorneys’ fees/costs from the Vaccine Injury Compensation Trust Fund by fiscal year.

 

Since influenza vaccines (vaccines administered to large numbers of adults each year) were added to the VICP in 2005, many adult petitions related to that vaccine have been filed, thus changing the proportion of children to adults receiving compensation.

 

The vaccine injury attorneys at Gold Law Firm, LLC., only practice vaccine injury law.  Vaccine Injury law is all we do.  Vaccine injuries are rare, but real.  We’ll help you and your family.