Special Programs Bureau National Vaccine Injury Compensation Program On October 1, 1988, the National Vaccine Injury Compensation Program (VICP), Subtitle 2 of Title XXI of the Public Health Service Act (the Act), became effective. The VICP is a Federal "no-fault" system designed to compensate individuals, or families of individuals, who have been injured by childhood vaccines. Vaccines currently covered under the VICP are: diphtheria, tetanus, pertussis, (DTP, DTaP, DT, TT, or Td), measles, mumps, rubella (MMR or any components), polio (OPV or IPV), hepatitis B, Haemophilus influenzae type b, varicella (chicken pox), rotavirus and pneumococcal conjugate whether administered individually or in combination. Effective as of August 26, 2002, the Secretary added vaccines containing live, oral, rhesus-based rotavirus as a separate category to the Vaccine Injury Table (Table), with an associated injury of intussusception. Prior to this date, the Table already contained the general category of rotavirus vaccines, with no associated Table injuries. The new Table injury of intussusception applies to all cases in which the injury occurred within 30 days of the administration of the vaccine, provided that the rotavirus vaccine was administered on or before August 26, 2002. Eight years' retroactive coverage is provided for vaccines and vaccine-related adverse events newly added for coverage under the VICP. A claim may be made for any injury or death thought to be the result of a covered vaccine. Claims may be filed by the injured individual; or a parent, legal guardian, or trustee may file on behalf of a child or an incapacitated person. Compensable injuries are either those listed in the Vaccine Injury Table, which is found in the Code of Federal Regulations, Section 2114 of the Act, or those which petitioners can demonstrate were caused by the vaccine. The VICP is administered jointly by the Department of Health and Human Services (HHS), the U.S. Court of Federal Claims (the Court), and the Department of Justice (DOJ). First, an individual claiming injury or death from a vaccine files a petition for compensation with the Court and with the Secretary of HHS. Next, a physician at the Division of Vaccine Injury Compensation, HHS, reviews the petition to determine whether it meets the medical criteria for compensation and makes a recommendation on compensability. This recommendation is provided to the Court through a report filed by DOJ, although it is not binding. The HHS position is represented by an attorney from DOJ in hearings before a "special master" who makes the initial decision for compensation under the VICP. A special master is an attorney appointed by the judges of the Court. Decisions may be appealed to a judge of the Court, then to the Federal Circuit Court of Appeals, and then to the Supreme Court. No petition may be filed under the VICP if a civil action is pending for damages related to the vaccine injury, or if damages were awarded by a court or in a settlement of a civil action against the vaccine manufacturer or administrator. It is not a requirement to have attorney representation during this process; however, because the Rules of the Court are very specific and must be strictly followed, many petitioners have made the decision to have an attorney represent them. The Act provides for the payment of reasonable attorneys' fees and costs, regardless of the Court's decision on compensability, providing the case is brought in good faith and there is a reasonable basis for the claim. An attorney who files a petition must be admitted to the U.S. Court of Federal Claims Bar. To obtain information regarding attorneys with experience in vaccine injury litigation, contact either of the following: U.S. Court of Federal Claims 717 Madison Place, N.W. Washington, DC 20005 (202) 219-9657; or State Bar Association (for your specific State) For information on the Rules of the Court, including requirements for filing a petition, go to http://www.uscfc.uscourts.gov/osmPage.htm or contact: Clerk U.S. Court of Federal Claims 717 Madison Place, N.W. Washington, D.C. 20005 (202) 219-9657 In addition to filing an original petition and the filing fee of $150.00 with the Court, a copy of the petition must also be served on the Secretary of HHS, who is named as the Respondent for all petitions filed under the Act. The Secretary's copy should be sent to: Director, Division of Vaccine Injury Compensation Special Programs Bureau Parklawn Building, Room 16C-17 5600 Fishers Lane Rockville, Maryland 20857 Further information not provided in this packet may be obtained by contacting the VICP through one of the following: National Vaccine Injury Compensation Program Parklawn Building, Room 16C-17 5600 Fishers Lane Rockville, Maryland 20857 1-800-338-2382 Be sure to see: Vaccine Injury Table (Effective date: August 26, 2002) summary of compensation that may be awarded medical records necessary for a complete review of each claim COMPENSATION THAT MAY BE AWARDED Vaccine-Related Injury Reasonable compensation for past and future unreimbursable medical, custodial care, and rehabilitation costs. $250,000 cap for actual and projected pain and suffering, emotional distress. Lost earnings. Reasonable attorneys' fees and costs. Deadline for filing: Within 36 months after the first symptoms appeared. Vaccine-Related Death $250,000 for the estate of the deceased. Reasonable attorneys' fees and costs. Deadline for filing: Within 24 months of death and within 48 months after the onset of the vaccine-related injury from which the death occurred. NECESSARY MEDICAL RECORDS The Act specifies certain medical records that must be provided with petitions filed under the VICP. However, the VICP has set forth in greater detail the materials needed to complete the medical review of each claim. If relevant records on this list are not provided with the petition, the medical review, and therefore, processing of the claim, may be delayed. The following medical records should accompany the petition filed with the Court and the Secretary. * Prenatal and Birth Records -- Mother's prenatal record -- Delivery record -- Birth Certificate -- Newborn hospital record including physicians/nurses notes, radiology/laboratory results -- Any hospitalization face sheet with final diagnosis Medical Records Prior to Vaccination -- Vaccination record (including lot # and manufacturer, if available) -- Clinic notes (such as Well Baby visits) -- Private physician visits -- Growth charts/laboratory/radiology results -- Consultation reports and evaluations -- Developmental charts Post-Injury Hospital/Emergency Treatment Records -- Admission/discharge summaries -- History and physical records -- Progress notes including physician/nurses notes -- Medication records -- Laboratory/radiology/EEG results -- Flow sheets (respiratory care/treatments) -- Consultation reports and evaluations Post-Injury Outpatient Records -- History and physical records -- Progress notes (including physicians/nurses notes) -- Medication records -- Laboratory/radiology/EEG results -- Clinic notes -- All evaluations Vaccine Adverse Event Report form (if submitted) * Long Term Records -- School records -- Consultation reports and evaluations -- Educational testing records -- Psychological testing records -- Police/ambulance records Death Records -- Death Certificate -- Autopsy report (if done) -- Autopsy slides *Note: Numbers 1 and 6 may be omitted for adult compensation claims. Rev. 1102

Health Resources and Services Administration
U.S. Department of Health and Human Services
Parklawn Building
5600 Fishers Lane
Rockville, Maryland 20857

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