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

 
DT794,777 1056410
DTaP95,532,634 172499140111251
DTaP-Hep B-IPV63,245,627 51126424688
DTaP-HIB1,135,474 012325
DTaP-IPV21,143,570 002213
DTap-IPV-HIB56,635,096 347142842
DTP0 113527
DTP-HIB0 003314
Hep A-Hep B14,706,195 101516420
Hep B-HIB4,787,457 112415
Hepatitis A (Hep A)163,305,725 7636492978
Hepatitis B (Hep B)172,993,779 611597665141
HIB111,200,358 218111021
HPV101,405,935 151596126157283

 

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 
Influenza1,372,400,0004351881,8282,4513772,828
IPV69,510,722004437
Measles135,660001101
Meningococcal82,762,503153642749
MMR94,815,650211680117115232
Mumps110,749000000
MMR-Varicella21,349,4098111201333
Nonqualified000333538
OPV0100156
Pneumococcal       
Conjugate206,003,64610415292352
Rotavirus98,664,18712617351045
Rubella422,548011202
Td61,869,7529858752398
Tdap225,013,338721721830756363
Tetanus3,836,0528235451964
Unspecified01146585591
Varicella110,095,3936827411859
Grand Total3,153,876,2366433322,7013,6761,7505,426

 

 

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

CompensatedDismissed
  Total  
DTaP-IPV1001021
DT699782652
DTP3,2866963,9821,2732,709
DTP-HIB20828721
DTaP44182523220245
DTaP-Hep B-IPV79361154149
DTaP-HIB1111274
DTaP-IPV-HIB4320631226
Td205320812074
Tdap576658231258
Tetanus12821306946
Hepatitis A (Hep A)9871054828
Hepatitis B (Hep B)67657733269414
Hep A-Hep B29029165
Hep B-HIB80853
HIB423451620
HPV36814382122154
Influenza4,1841444,3282,514400
IPV267142818269
OPV28228310158151
Measles1431916255107
Meningococcal64266417
MMR959611,020398576
MMR-Varicella432451912
MR1501569
Mumps1001019
Pertussis43725
Pneumococcal

Conjugate

 

138

 

14

 

152

 

35

 

43

Rotavirus894935421
Rubella190419471123
Varicella9791066130
Nonqualified19791063100
Unspecified25,42495,43385,398
Grand Total18,0951,26619,3615,99911,169

 

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 YearTotal
FY 198824
FY 1989148
FY 19901,492
FY 19912,718
FY 1992189
FY 1993140
FY 1994107
FY 1995180
FY 199684
FY 1997104
FY 1998120
FY 1999411
FY 2000164
FY 2001215
FY 2002958
FY 20032,592
FY 20041,214
FY 2005735
FY 2006325
FY 2007410
FY 2008417
FY 2009397
FY 2010448
FY 2011386
FY 2012401
FY 2013504
FY 2014633
FY 2015803
FY 20161,120
FY 20171,243
FY 2018679
Total19,361

 

 

 

 

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 YearCompensableDismissedTotal
FY 198991221
FY 199010033133
FY 1991141447588
FY 1992166487653
FY 1993125588713
FY 1994162446608
FY 1995160575735
FY 1996162408570
FY 1997189198387
FY 1998144181325
FY 199998139237
FY 2000125104229
FY 20018688174
FY 2002104104208
FY 200356100156
FY 200462247309
FY 200560229289
FY 200669193262
FY 200782136218
FY 2008147151298
FY 2009134257391
FY 2010180329509
FY 20112661,7402,006
FY 20122652,5332,798
FY 20133696491,018
FY 2014371193564
FY 2015517138655
FY 2016697179876
FY 2017696181877
FY 2018257104361
Total5,99911,16917,168

 

 

 

Awards Paid

 

 

Number of        Petitioners’ Award

Fiscal Year     Compensated              Amount

Awards

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

Payments             to Interim         Fees/Costs           Total Outlays

(Dismissed           Attorneys’          Payments

Cases)

FY 19896$1,317,654.78$54,107.140$0.000$0.00$1,371,761.92
FY 199088$53,252,510.46$1,379,005.794$57,699.480$0.00$54,689,215.73
FY 1991114$95,980,493.16$2,364,758.9130$496,809.210$0.00$98,842,061.28
FY 1992130$94,538,071.30$3,001,927.97118$1,212,677.140$0.00$98,752,676.41
FY 1993162$119,693,267.87$3,262,453.06272$2,447,273.050$0.00$125,402,993.98
FY 1994158$98,151,900.08$3,571,179.67335$3,166,527.380$0.00$104,889,607.13
FY 1995169$104,085,265.72$3,652,770.57221$2,276,136.320$0.00$110,014,172.61
FY 1996163$100,425,325.22$3,096,231.96216$2,364,122.710$0.00$105,885,679.89
FY 1997179$113,620,171.68$3,898,284.77142$1,879,418.140$0.00$119,397,874.59
FY 1998165$127,546,009.19$4,002,278.55121$1,936,065.500$0.00$133,484,353.24
FY 199996$95,917,680.51$2,799,910.85117$2,306,957.400$0.00$101,024,548.76
FY 2000136$125,945,195.64$4,112,369.0280$1,724,451.080$0.00$131,782,015.74
FY 200197$105,878,632.57$3,373,865.8857$2,066,224.670$0.00$111,318,723.12
FY 200280$59,799,604.39$2,653,598.8950$656,244.790$0.00$63,109,448.07
FY 200365$82,816,240.07$3,147,755.1269$1,545,654.870$0.00$87,509,650.06
FY 200457$61,933,764.20$3,079,328.5569$1,198,615.960$0.00$66,211,708.71
FY 200564$55,065,797.01$2,694,664.0371$1,790,587.290$0.00$59,551,048.33
FY 200668$48,746,162.74$2,441,199.0254$1,353,632.610$0.00$52,540,994.37
FY 200782$91,449,433.89$4,034,154.3761$1,692,020.250$0.00$97,175,608.51
FY 2008141$75,716,552.06$5,191,770.8374$2,531,394.202$117,265.31$83,556,982.40
FY 2009131$74,142,490.58$5,404,711.9836$1,557,139.5328$4,241,362.55$85,345,704.64
FY 2010173$179,387,341.30$5,961,744.4059$1,933,550.0922$1,978,803.88$189,261,439.67
FY 2011251$216,319,428.47$9,572,042.87403$5,589,417.1928$2,001,770.91$233,482,659.44
FY 2012249$163,491,998.82$9,241,427.331,020$8,649,676.5637$5,420,257.99$186,803,360.70
FY 2013375$254,666,326.70$13,543,099.70704$7,012,615.4250$1,454,851.74$276,676,893.56
FY 2014365$202,084,196.12$12,161,422.64508$6,824,566.6838$2,493,460.73$223,563,646.17
FY 2015508$204,137,880.22$14,507,692.27117$3,484,869.1650$3,089,497.68$225,219,939.33
FY 2016689$230,140,251.20$16,225,881.1299$2,741,830.1059$3,502,709.91$252,610,672.33

 

Attorneys’

Number of

Interim

 

 

 Attorneys’ 
 Number of Attorneys’Number of PaymentsFees/CostsNumber ofInterim 
Fiscal YearCompensatedPetitioners’ AwardFees/Coststo AttorneysPaymentsPaymentsAttorneys’Total Outlays
 AwardsAmountPayments(Dismissed Cases)(Dismissedto InterimFees/Costs 
     Cases)Attorneys’Payments 

 

FY 2017706$252,245,932.78$22,045,785.00131$4,441,724.3252$3,363,464.24$282,096,906.34
FY 2018324$115,493,471.10$10,459,731.9964$3,194,990.4536$3,137,308.44$132,285,501.98
Total5,991$3,603,989,049.83$180,935,154.255,302$78,132,891.55402$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.