Vaccine Lawsuit Attorneys (January Update)

Our Vaccine Injury Attorneys Represent Individuals and Families Nationwide

Last Updated: 01-11-2026

Getting vaccinated is supposed to be a routine endeavor. You are supposed to be able to go to your doctor’s office or the local pharmacy, get vaccinated, and then move on with your daily life. Unfortunately, for some people, getting vaccinated is a life-changing experience. If you or a loved one has been harmed by a vaccine, such as a flu vaccine or HPV vaccine, you may be entitled to financial compensation, and you will want to discuss your legal rights with an experienced vaccine injury attorney promptly.

Our vaccine injury attorneys represent individuals and families nationwide. In most cases, pursuing a vaccine injury case involves filing a claim under the National Vaccine Injury Compensation Program (VICP). The VICP, which is administered by the U.S. Department of Health and Human Services (HHS), has paid billions of dollars to vaccine recipients and their families over the past 40 years; and, since it also covers claimants’ legal fees, hiring a lawyer to handle your claim costs nothing out of pocket.

Update for December 12, 2025: Vaccine Injury Lawsuits

The HRSA has not released an updated National Vaccine Injury Compensation Program (VICP) Data Report since September 1, 2025. As a result, we do not yet have year-end data to report for vaccine injury claims filed under the VICP (the federal fiscal year ended on September 30).

However, we are continuing to pursue VICP claims on behalf of vaccine recipients and their families, and we invite you to schedule a free consultation if you have questions about your legal rights. Our attorneys are available throughout the holidays, and we are happy to arrange a call at a time that is convenient for you.

Previous Updates for Our Vaccine Injury Lawsuit Services

November 28, 2025 – Our lawyers remain available to speak with vaccine recipients and families about their legal rights throughout the holiday season. If you have questions about filing a VICP claim related to the flu shot, a tetanus shot, or any of the other vaccines listed on the VICP’s Vaccine Injury Table, we encourage you to schedule a free consultation at Oberheiden Law Group.

November 14, 2025 – The HRSA has not updated its National Vaccine Injury Compensation Program Data Report since September 1. Now that the government shutdown is over, we are hoping it will release an updated report on December 1 (remember, it is supposed to issue updated reports monthly). In any event, the National Vaccine Injury Compensation Program (VICP) remains open; and, if you have questions about filing a vaccine injury claim, we invite you to contact us for a free, no-obligation consultation.

October 31, 2025 – With the government shutdown, we don’t expect the U.S. Department of Health and Human Services (DHHS) to publish an updated National Vaccine Injury Compensation Program Data Report on November 1—it hasn’t been publishing reports regularly over the past several months anyway. But, as we have discussed in previous updates, the National Vaccine Injury Compensation Program (VICP) remains open, and people who have vaccine injury claims still can—and should—file claims in the Vaccine Court. If you or a loved one has been diagnosed with a vaccine-related injury or illness, we strongly encourage you to contact us for more information.

October 24, 2025 – While news about the VICP and a potential overhaul under Secretary Kennedy’s leadership of the U.S. Department of Health and Human Services (HHS) has subsided (at least for the time being), the Vaccine Court is continuing to process VICP claims as normal. For vaccine recipients and families that are eligible to file claims, seeking compensation through the VICP can be extremely important. If you have questions, our attorneys can explain everything you need to know, and we can file a VICP claim on your behalf if warranted.

October 17, 2025 – CBS News recently published the transcript of a 60 Minutes episode that provides an overview of the National Vaccine Injury Compensation Program (VICP) and its history. While the article covers much of the same information you will find on this page, it includes the personal stories of some VICP claimants as well.

As these stories show—and as many vaccine recipients and parents know all too well—while vaccine injuries are rare, they can have serious consequences when they occur. This is why the VICP exists, and this is why vaccine recipients and parents who are eligible to file VICP claims should hire an experienced vaccine lawyer to help them seek compensation.

October 10, 2025 – With the CDC’s vaccine recommendations and the National Vaccine Injury Compensation Program (VICP) continuing to make mainstream headlines, it is important to be clear about where things currently stand with the VICP. So far, no changes have been made. This means that all of the immunizations listed on the Vaccine Injury Table remain covered, and eligible vaccine recipients and their families can still file claims for financial compensation.

If you are eligible to file a VICP claim, you can hire an attorney to represent you at no cost. To learn more about seeking financial compensation for a vaccine-related illness or injury, contact us for a free consultation today.

October 3, 2025 – We were hoping the HRSA would publish another monthly status report on October 1, but unfortunately it didn’t. This is despite the fact that the HRSA’s website continues to state that its data reports are “updated monthly.”

If we see another monthly update from the HRSA, it should include year-end data for the 2025 fiscal year. We will continue to monitor for updates and provide information here as we have it. In the meantime, the VICP is continuing to accept claims; and, if you have questions about seeking financial compensation for a vaccine injury, we encourage you to contact us for a free, no-obligation consultation about your legal rights.

September 26, 2025 – The vast majority of vaccine-related injuries are classified as shoulder injuries related to vaccine administration (SIRVA). There are two reasons why:

First, unlike many other vaccine-related injuries and illnesses, SIRVA are not unique to any particular vaccine. All vaccines administered via shoulder injection present risks for SIRVA.

Second, SIRVA result not from adverse reactions to vaccine ingredients, but instead from errors during the immunization process. Since these errors are far more common than hypersensitivity reactions, it makes sense that SIRVA are far more common than other types of vaccine-related medical conditions.

The VICP covers SIRVA and a variety of other injuries and illnesses linked to the immunizations listed on the Vaccine Injury Table. If you need to know more about filing a VICP claim in a United States federal court, we encourage you to contact us for a free consultation today.

September 19, 2025 – According to reports, the parents of a baby who died in 2013 recently received $300,000 through the National Vaccine Injury Compensation (VICP). The case is significant because the parents successfully argued that their baby’s passing was vaccine-related as opposed to being attributable to sudden infant death syndrome (SIDS) or sudden unexplained infant death syndrome (SIUDS). As reported, the decision “could set an important example for future infant death cases in the VICP.”

September 12, 2025 – The U.S. Health Resources & Services Administration (HRSA) has published a table listing all of the conditions linked to COVID-19 vaccines in claims filed under the Countermeasures Injury Compensation Program (CICP). Reports also indicate that the Trump administration is considering making changes to the CICP rather than moving COVID-19 vaccine claims under the National Vaccine Injury Compensation Program (VICP). At this point we don’t have any additional details to report, but we will continue to provide updates here as we have them.

September 5, 2025 – After several months without any updates, the U.S. Department of Health and Human Services (HHS) finally published a new VICP Monthly Statistics Report on September 1, 2025. With just one month left in the federal fiscal year (FY), the number of petitions filed under the VICP in FY 2025 (1,161) is just 24 below the total from FY 2024 (1,185). So far, the VICP has awarded more than $132 million in financial compensation in FY 2025—less than 2024 ($149.6 million), but more than FY 2023 ($123.8 million).

August 29, 2025 – Recent news about the National Vaccine Injury Compensation Program (VICP) has focused on U.S. Department of Health and Human Services Secretary Kennedy’s statement that he intends to overhaul the program in order to address various perceived failures and shortcomings. One of these shortcomings is its failure to provide coverage for COVID-19 vaccines. 

Adding the COVID-19 vaccines to the VICP could potentially help thousands of vaccine recipients and families who are coping with the effects of vaccine-related injuries and illnesses. More than 13,000 claims have been filed under the Countermeasures Injury Compensation Program (CICP). The CICP and VICP are very different; and, of the more than 13,000 claims filed to date, more than 9,000 remain pending—and only 39 have been compensated. This is significantly lower than the success rate for VICP claims, and awards under the CICP are significantly lower than awards under the VICP as well. 

One option that is on the table is for claims filed under the CICP to be transferred to the VICP; and, presumably, those cases that have already been filed would receive priority over those filed at a later date. With this in mind, if you are dealing with the effects of a COVID-19 vaccine injury, we encourage you to contact us for more information.

August 22, 2025 – With flu season just around the corner, we expect to see an influx of National Vaccine Injury Compensation (VICP) claims involving flu shot-related injuries and illnesses in the months ahead. Even though the annual flu shot is generally considered safe for most people, a small percentage of flu shot recipients experience adverse consequences each year. Some of the most common VICP claims involving the annual flu shot include claims for shoulder injuries related to vaccine administration (SIRVA) and Guillain-Barre Syndrome (GBS).

August 15, 2025 – Who can file a claim under the National Vaccine Injury Compensation Program (VICP)? Vaccine recipients, parents of minor children, and family members who have lost loved ones are all potentially eligible to file.

As we discussed in last week’s update, the VICP specifically covers injuries and illnesses linked to the vaccines listed on the Vaccine Injury Table. If you or a loved one has been diagnosed with a condition linked to one of these vaccines, our lawyers may be able to seek just compensation on your behalf without paying attorney fees unless your claim is successful.

August 8, 2025 – We haven’t seen any major announcements regarding the National Vaccine Injury Compensation Program (VICP) since HHS Secretary Kennedy’s public statement last week. While it’s unclear what changes, if any, will ultimately be made to the VICP, right now vaccine recipients and families can still file claims related to all of the vaccines listed on the Vaccine Injury Table. If you have questions about filing a claim, we encourage you to contact us promptly so that we can help you.

August 1, 2025 – U.S. Secretary of Health and Human Services Secretary Robert F. Kennedy announced this week plans to overhaul the National Vaccine Injury Compensation Program (VICP). While we still do not have any details to report (see our previously July 18, 2025 update), Secretary Kennedy cited the U.S. Court of Federal Claims’ prioritization of, “the solvency of the [VICP’s compensation fund], over their duty to compensate victims,” as being among the issues he plans to address. Secretary Kennedy also raised concerns about inefficiency and corruption, and stated that in its current form, the VICP “hobbles claimants” who are entitled to financial compensation.

Nonetheless, at present, filing a VICP claim remains a viable option for individuals and families who are coping with the effects of vaccine-related injuries and illnesses. If you have questions about filing a claim, we encourage you to contact us for more information.

July 25, 2025 – Representative Thomas Massie (R-KY) has introduced a bill that would allow individuals and families to sue vaccine manufacturers for complications from COVID-19 vaccines. Currently, individuals and families who are coping with the effects of complications from COVID-19 must file claims under the Countermeasures Injury Compensation Program (CICP). This little-known program is very different from the Vaccine Injury Compensation Program (VICP) that applies to most other vaccines recommended by the U.S. Centers for Disease Control and Prevention (CDC); and, to date, it has compensated fewer than 100 of the more than 14,000 COVID-19 claims filed.

If you are dealing with the effects of a vaccine-related injury, it is critical to ensure that you are making informed decisions about asserting your legal rights. To speak with an experienced lawyer at Oberheiden Law Group for free, contact us today.

July 18, 2025 – According to reports, U.S. Department of Health and Human Services Secretary Robert F. Kennedy is considering making major changes to the National Vaccine Injury Compensation Program (VICP). As Pro Publica reports, in a recent interview, Kennedy stated that he had, “assigned a team to overhaul [the VICP] and expand who could seek compensation.”

The specifics of Kennedy’s proposal are unclear, and any changes would take time to implement. In the meantime, we are continuing to accept cases; and, if you have questions about filing a claim under the VICP, we invite you to contact us for a free consultation.

July 11, 2025 – A key aspect of the National Vaccine Injury Compensation Program (VICP) is that it allows eligible claimants to seek financial compensation on a “no fault” basis for medical conditions listed on the Vaccine Injury Table (the “Table”)–including most vaccines recommended for routine administration by the U.S. Centers for Disease Control and Prevention (CDC). This means that you do not need to be able to prove that a vaccine manufacturer or healthcare provider was negligent in causing your (or your loved one’s) diagnosis. If you or a loved one has been diagnosed with a condition listed on the Table after taking a covered vaccine, showing that you meet the eligibility requirements under the VICP is enough to establish your right to compensation. Contact us to learn more.

July 4, 2025 – According to the most recent data from the U.S. Health Resources & Services Administration (HRSA), a total of 696 awards have been issued under the National Vaccine Injury Compensation Program (VICP) so far in fiscal year 2025. This puts us on pace to see a total number of awards somewhere in between the totals from the previous two years. At the same time, however, we are on pace to see a total award value roughly equal to the total award value from 2024—meaning that this year’s average award amount is significantly higher.

Do you have a vaccine injury claim? If you or a loved one has been diagnosed with SIRVA or any other vaccine-related medical condition, we invite you to get in touch. To find out if you are eligible to seek financial compensation through the VICP, contact us today.

Eligibility to File a Vaccine Injury Claim

The VICP covers injuries caused by most vaccines recommended for routine administration to adults and children in the United States. While these vaccines are generally considered safe, they have been shown to cause serious health issues in some cases. The vaccines covered under the VICP are listed on the Vaccine Injury Table, which is updated periodically by the Health Resources and Services Administration (HRSA), an agency within the U.S. Department of Health and Human Services (HHS). Currently, the vaccines listed on the Vaccine Injury Table (and covered under the VICP) include:

• Diphtheria, tetanus and pertussis (DTP, DTaP, Tdap, DT, Td, TT)
• Haemophilus influenza type b (Hib)
• Hepatitis A (HAV)
• Hepatitis B (HBV)
• Human papillomavirus (HPV)
• Seasonal influenza (annual flu shot)
• Measles, mumps and rubella (MMR, MR, M, R)
• Meningococcal (MCV4, MPSV4, MenB-FHbp, MenB-4C)
• Pneumococcal conjugate (PCV)
• Polio (OPV or IPV)
• Rotavirus (RV)
• Varicella (VAR)

You will note that COVID-19 vaccines are not on this list. Currently, the COVID-19 vaccines are covered under the Countermeasures Injury Compensation Program (CICP), not the VICP. The CICP is a very different program with very different claim procedures and compensation provisions. If you are coping with complications from a COVID-19 vaccine, a vaccine injury lawyer at our law firm can explain everything you need to know.

Under the terms of the VICP, all injuries related to the vaccines listed above fall into one of two categories: They are either “on table” injuries or “off table” injuries. This also relates to the Vaccine Injury Table.

A vaccine-related injury is classified as an “on table” injury if it is specifically listed on the Vaccine Injury Table. While “on table” injuries are vaccine-specific, they generally include:

• Anaphylaxis
• Encephalopathy and encephalitis
• Guillain-Barre Syndrome (GBS)
• Shoulder injuries related to vaccine administration (SIRVA)
• Vasovagal syncope

If you or a loved one has been diagnosed with an “on table” injury, you can file a claim under the VICP without proof that your (or your loved one’s) vaccination caused your (or your loved one’s) injury. As long as you can prove that symptoms onset within the time window prescribed by the Vaccine Injury Table, this is enough to establish your eligibility for financial compensation under the VICP.

With all other injuries (or “off table” injuries), proof of causation is required. While this adds a step to the process of seeking financial compensation, you can rely on your vaccine injury lawyer to help guide you through the process. At Oberheiden Law Group, we handle VICP claims involving both “on table” and “off table” injuries, and we can help you make an informed decision about whether to pursue a claim during your free initial consultation.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Financial Compensation Available Through the Vaccine Injury Compensation Program (VICP)

If you have a claim for a vaccine injury or any other vaccine-related issue under the VICP, you can seek financial compensation for four specific types of losses. Crucially, this includes not only eligible losses that you have incurred through the date that you file your VICP claim, but also future medical expenses and other eligible losses that you are reasonably likely to incur. The types of losses covered under the VICP are:

• Medical bills (for treatment of the vaccine injury)
• Prescription medications, medical supplies, and other injury-related out-of-pocket costs
• Loss of income (due to inability to work as the result of the vaccine injury)
• Pain and suffering

Under the VICP, you can seek full compensation for all of your financial losses—both now and in the future. However, compensation for pain and suffering is capped at $250,000. When you hire an experienced vaccine lawsuit attorney to represent you, your legal team will be able to calculate the value of your VICP claim and help ensure that you have all of the supporting documentation you need to seek the maximum compensation possible under the circumstances at hand.

Filing a VICP claim allows you to seek financial compensation without needing to sue a vaccine company in federal court. Vaccine recipients (including pregnant women), parents of children diagnosed with vaccine injuries and illnesses, and other qualifying family members may all be eligible to file. VICP claims are handled by Special Masters in the U.S. Court of Federal Claims (unlike lawsuits against vaccine companies, which must typically be filed in district court); and, while many successful claims settle, patients and other claimants can present their arguments in court if necessary.

Do You Need a Vaccine Injury Lawyer to File a VICP Claim?

If you are eligible to file a claim under the VICP, you are not required to hire a vaccine injury attorney to represent you. You can file your VICP claim on your own if you choose to do so.

However, there are several reasons why you will want to consider putting an experienced vaccine lawyer on your side. For example:

• Filing a VICP Claim is a Legal Process – Even though the VICP is a federal government program, it is very different from benefit programs like Medicare, Medicaid, and Social Security. As the HRSA explains, “[t]o be compensated by the . . . VICP . . . you must file a petition with the U.S. Court of Federal Claims and a copy of the petition must [be] sent to the Department of Health and Human Services.” As the HRSA also explains, “[b]ecause this is a legal process, most people hire a lawyer.”
• You Need to Prove Your Eligibility – Whether you have an “on table” injury or an “off table” injury, proving your eligibility in the U.S. Court of Federal Claims is crucial. If you do not file a petition that clearly demonstrates your eligibility to receive financial compensation under the VICP, you will not receive the compensation you deserve.
• You Need to Prove the Value of Your Claim – Along with proving your eligibility, you also need to prove the value of your vaccine claim. This means not only calculating the financial costs of your (or your loved one’s) vaccine injury, but calculating “just” compensation for your (or your loved one’s) pain and suffering as well.
• You Will Be Dealing with Government Attorneys – In VICP cases, the U.S. Department of Health and Human Services (HHS) is represented by attorneys from the U.S. Department of Justice (DOJ). These attorneys will thoroughly scrutinize your claim in order to make sure that the government does not pay if it isn’t obligated to do so. These attorneys will also be the ones handling settlement negotiations on the government’s behalf if you decide to seek an agreed settlement.
• Hiring a Vaccine Lawsuit Lawyer Costs You Nothing – The VICP, which covers only vaccine injury claims, covers claimants’ legal fees separately from their compensation awards (if their claims are successful). As a result, hiring a vaccine injury attorney costs you nothing. Since you can get free legal representation for your vaccine injury claim, you have no reason not to put an experienced lawyer on your side.
• You Might Have to Fight for Just Compensation in Federal Court – Even though the VICP is a federal program, claimants still need to take their claims to federal court in some cases. While this is still very different from trying to sue a vaccine company, seeking to prove that you are entitled to compensation in federal court still requires experienced legal representation.

At Oberheiden Law Group, every case starts with a free, no-obligation consultation with our experienced attorneys. Once you contact us, we will arrange for you to speak with one of our experienced vaccine injury lawyers in confidence as soon as possible. Your lawyer will provide a straightforward assessment of your legal rights; and, if it appears that you may be eligible for compensation under the VICP, your lawyer will walk you through the next steps in the process.

We are committed to helping vaccine recipients and families recover the financial compensation to which they are legally entitled. If you have a VICP claim, we can fight for the full compensation you deserve–and we can do so at no out-of-pocket cost to you. We will deal with the government’s attorneys directly on your behalf; and, if a settlement offer is on the table, we will help you understand whether accepting the officer is in your best interests.

What Evidence Do You Need to File a VICP Claim Following a Vaccination?

If you have a VICP claim following a vaccination, your (or your child’s or other loved one’s) vaccination record and medical records will be key evidence in support of your claim. If you have receipts, employment records, or other records documenting your financial losses, these will be important evidence as well.

You will also want to try to start collecting evidence of your (or your loved one’s) pain and suffering. Photos, videos, and daily notes about the vaccine injury’s effects can all be helpful for proving the value of a VICP claim.

Vaccine Injury Claims Involving Child Vaccine Injuries

Vaccine recipients of all ages can (and do) suffer from SIRVA and other vaccine-related injuries. When children suffer vaccine-related injuries, their parents can file a claim under the VICP. The VICP covers vaccine recipients regardless of age–provided that they received a covered vaccine and either: (i) suffered an on-table injury; or, (ii) can prove that their off-table injury is vaccine-related.

Parents who need to file VICP claims can seek compensation for their children’s medical bills, other out-of-pocket costs associated with their children’s care, and their children’s pain and suffering. When vaccine injuries during childhood cause permanent disabilities, parents can seek compensation for their children’s loss of future earning capacity as well.

Vaccine Injury Claims Involving COVID 19 Vaccines

Currently, the VICP does not cover claims involving COVID 19 vaccines. Instead, these claims are covered under a different federal program–the Countermeasures Injury Compensation Program (CICP). The VICP and CICP are very different; and, unfortunately, only a very small percentage of the COVID 19 vaccine injury claims filed under the CICP to date have been successful.

Under Secretary Robert F. Kennedy, Jr., the U.S. Department of Health and Human Services (HHS) is reportedly considering adding COVID 19 vaccine injury claims to the VICP. If this happens, it could have major implications for individuals and families who are coping with the effects of COVID 19 vaccine injuries. However, as of late 2025, filing a CICP claim remains the only option.

FAQs: Filing a Vaccine Injury Claim

Schedule a Free, No-Obligation Consultation With a Vaccine Lawsuit Attorney Today

When evaluating a vaccine injury claim, the ultimate decision depends on whether there is a reasonable basis to link the injury to the vaccine while considering the nation’s broader public health priorities. Although certain vaccines are vital to preventing disease, in rare cases, they can result in serious side effects or complications that cause lasting harm. The vaccine policy aims to balance these high risks with the overall benefits of new vaccines developed in good faith to protect communities. When a claimant or legal guardian pursues a case, the harm caused, including future lost wages and medical expenses, is carefully reviewed under the established VICP framework to ensure just compensation and accountability.

Under vaccine injury law, individuals who have suffered injuries from vaccines may seek compensation through the National Vaccine Injury Compensation Program (VICP). At Oberheiden P.C., our experienced legal team vaccine attorneys and dedicated attorneys represent clients nationwide in complex vaccine cases, helping them recover for medical expenses, lost wages, and pain and suffering. With a deep understanding of federal vaccine procedures and access to leading medical experts, the firm’s attorneys handle every aspect of your claim at no out-of-pocket cost. We are committed to seeking justice for individuals and families impacted by vaccine injuries and ensuring they receive the full compensation they deserve.

Do you need to know more about seeking financial compensation for a vaccine injury? If so, we invite you to get in touch. To schedule a free, no-obligation consultation with an experienced vaccine injury attorney at Oberheiden Law Group, please call 866-781-9539 or contact us online today.

Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.