If your vaccination was administered more than three years ago, you most likely will not have a claim through the National Vaccine Injury Compensation Program (VICP).

The statute of limitations (SOL), also known as the amount of time to file your claim, begins to run the day the vaccine is administered. When drafting the initial legislation setting up the Program, Congress made a decision to not include any leeway on this issue, which means that your claim must be filed within three years of when your vaccine was administered, or two years from vaccine administration if there is a death involved. Thus, the extension for children to the age of eighteen, typically called a “tolling statute,” is not available in Vaccine Court. Similarly, the “discovery” rule, which allows more time when toxic exposures are not known to the victim, is also not available in Vaccine Court.

The only option which remains is attempting to file a civil action in State or Federal Court. Unfortunately, there are many difficult obstacles. First, there may be what is known as “federal preemption,” meaning that you will be barred from suing since you did not comply with the Vaccine Court filing deadline. Also, regular Court filings require that you prove fault or “product defect,” whereas in the Vaccine Court one only needs to demonstrate causation. Proving product defect is nearly impossible for most vaccines, which makes the burden of proof in regular Court a nearly insurmountable obstacle.

The only remaining realistic option if your statute of limitations has expired is to seek the very modest relief provided by the Countermeasures Injury Compensation Program (CICP). That Program permits payment of medical expenses but does not cover pain and suffering or legal fees. A link to that fund can be found at https://www.hrsa.gov/cicp.