What Is Vaccine Court? How the U.S. Handles Vaccine Injury Claims
Vaccine court is the system used to resolve vaccine injury claims in the United States. Learn how the Vaccine Injury Compensation Program works and how cases are decided.
What Is Vaccine Court?
Definition
Vaccine court is the informal name for the National Vaccine Injury Compensation Program (VICP), a federal legal system created by Congress to resolve vaccine injury claims in the United States. Cases are heard in the U.S. Court of Federal Claims and decided by judicial officers known as Special Masters, who determine whether a vaccine caused an injury and whether compensation should be awarded.
Key Facts About Vaccine Court
• Created by the National Childhood Vaccine Injury Act of 1986
• Claims are filed in the U.S. Court of Federal Claims
• Cases are decided by Special Masters within the Office of Special Masters
• Petitioners must prove causation by a preponderance of the evidence
• Most vaccine injury claims must go through the program before civil lawsuits can be filed
Why Vaccine Court Exists
Congress created the Vaccine Injury Compensation Program during the 1980s after rising product liability lawsuits threatened the stability of the national vaccine supply. Large jury verdicts involving childhood vaccines led some manufacturers to consider leaving the vaccine market altogether.
To address this risk, Congress enacted the National Childhood Vaccine Injury Act, establishing a system that would both protect the nation’s vaccine supply and compensate individuals who suffer rare vaccine-related injuries.
Rather than requiring injured individuals to prove negligence by vaccine manufacturers, the program created a no-fault compensation system focused on whether the vaccine caused the injury. This approach was intended to allow legitimate claims to be evaluated more efficiently while preserving widespread access to vaccines.
Who Decides Cases in Vaccine Court
Vaccine injury claims are decided by Special Masters within the Office of Special Masters at the U.S. Court of Federal Claims.
Special Masters exclusively handle vaccine injury cases. They do not preside over other types of federal litigation. Unlike medical experts, Special Masters do not have scientific or medical backgrounds. They are attorneys appointed by the Court of Federal Claims who come from legal careers that may include service with the Department of Justice, representation of vaccine-injured petitioners, or private legal practice.
Because vaccine injury litigation often involves complex medical and scientific evidence, Special Masters regularly review detailed medical records, expert reports, and scientific literature when evaluating claims.
Unlike traditional civil litigation, vaccine injury cases are decided without a jury, and the proceedings focus heavily on medical causation rather than product liability or negligence.
How Vaccine Court Differs from Civil Lawsuits
Vaccine court differs significantly from traditional civil litigation against pharmaceutical companies.
In most situations, individuals who believe they were injured by a vaccine must first file a claim through the Vaccine Injury Compensation Program before pursuing a civil lawsuit. This requirement ensures that vaccine injury claims are evaluated within a specialized legal system designed to address complex medical questions.
Additionally, the Supreme Court’s decision in Bruesewitz v. Wyeth (2011) significantly limited certain product liability claims against vaccine manufacturers by holding that the Vaccine Act preempts most design defect lawsuits involving covered vaccines.
As a result, vaccine injury claims are typically resolved within the VICP rather than through traditional state or federal courts.
How Vaccine Court Fits into the Vaccine Compensation System
The Vaccine Injury Compensation Program is funded through a federal excise tax on each covered vaccine dose, which is deposited into the Vaccine Injury Compensation Trust Fund. This means compensation awards are paid from the trust fund rather than directly from vaccine manufacturers.
The program reflects a policy tradeoff created by Congress: in exchange for reduced litigation risk, vaccine manufacturers participate in a system where individuals injured by vaccines can seek compensation through a specialized legal process.
For a complete explanation of how the system works, including how claims are proven and what compensation can be awarded, see here
Why Vaccine Court Matters
Vaccines are one of the most important public health tools ever developed. They prevent disease outbreaks, reduce hospitalizations, and protect vulnerable populations such as infants, elderly individuals, and people with compromised immune systems.
At the same time, Congress recognized that no medical intervention is completely without risk. Although serious vaccine injuries are rare, the Vaccine Injury Compensation Program exists to ensure that individuals who experience those injuries have access to a fair system of compensation.
By providing a specialized forum for resolving vaccine injury claims, vaccine court helps maintain both public confidence in vaccination programs and fairness for the small number of individuals who suffer vaccine-related injuries.
Frequently Asked Questions About Vaccine Court
Is vaccine court a real court?
Yes. Vaccine injury claims are filed in the U.S. Court of Federal Claims and decided by Special Masters within the Office of Special Masters.
What is the Vaccine Injury Compensation Program?
The Vaccine Injury Compensation Program is a federal no-fault system created by Congress to compensate individuals who experience rare vaccine-related injuries.
Who decides vaccine court cases?
Cases are decided by Special Masters, attorneys appointed by the U.S. Court of Federal Claims who exclusively handle vaccine injury claims.
What must a petitioner prove in vaccine court?
Petitioners must show by a preponderance of the evidence that it is more likely than not that the vaccine caused the injury.
Can you sue vaccine manufacturers instead of going to vaccine court?
In most situations, individuals must first file a claim through the Vaccine Injury Compensation Program before pursuing civil litigation.