The National Vaccine Injury Compensation Program (VICP) provides compensation for many vaccines, but not all. Historically, only vaccines approved for use by children, even if used for adults as well, were included in the Program. Thus, for example, the Shingles vaccines have not been covered by the Program as they are utilized exclusively for adults.

Some vaccines are specifically excluded by Congress based upon their limited use or emergency status. For example, the COVID-19 vaccine was specifically excluded from the Vaccine Program by an act of Congress while the vaccine was being developed.

For some of the excluded vaccines, there may be an opportunity to file a civil complaint. However, be aware that a civil complaint requires proof of “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.

Another example of a vaccine not covered by the VICP is the Zostavax vaccine. There are lawsuits which have been filed against the manufacturer of Zostavax and which are pending in the civil court system. These cases are rare and will require skilled counsel and experts to demonstrate that the vaccine was defective and that it caused injury. Many of the lawyers who represent victims in the Vaccine Court do not represent individuals with vaccine claims in the regular civil court system. Vaccines which are covered by the Program can be found in the official Vaccine table at: https://www.hrsa.gov/sites/default/files/vaccinecompensation/vaccineinjurytable.pdf.