May 2018 Vaccine Injury Compensation

 

Health Resources & Services Administration

 

 

Data & Statistics

 

 

The United States has the safest, most effective vaccine supply in history. In the majority of cases, vaccines cause no side effects, however they can occur, as with any medication—but most are mild. Very rarely, people experience more serious side effects, like allergic reactions.

 

In those instances, the National Vaccine Injury Compensation Program (VICP) allows individuals to file a petition for compensation.

 

What does it mean to be awarded compensation?

Being awarded compensation for a petition does not necessarily mean that the vaccine caused the alleged injury. In fact:

• Almost 80 percent of all compensation awarded by the VICP comes as result of a negotiated settlement between the parties in which HHS has not concluded, based upon review of the evidence, that the alleged vaccine(s) caused the alleged injury.
• Attorneys are eligible for reasonable attorneys’ fees, whether or not the petitioner is awarded compensation by the Court, if certain minimal requirements are met. In those circumstances, attorneys are paid by the VICP directly. By statute, attorneys may not charge any other fee, including a contingency fee, for his or her services in representing a petitioner in the VICP.

 

What reasons might a petition result in a negotiated settlement?

• Consideration of prior U.S. Court of Federal Claims decisions, both parties decide to minimize risk of loss through settlement
• A desire to minimize the time and expense of litigating a case
• The desire to resolve a petition quickly

 

How many petitions have been awarded compensation?

According to the CDC, from 2006 to 2016 over 3.1 billion doses of covered vaccines were distributed in the U.S.  For petitions filed in this time period, 5,426 petitions were adjudicated by the Court, and of those 3,676 were compensated. This means for every 1 million doses of vaccine that were distributed, 1 individual was compensated.

 

Since 1988, over 19,361 petitions have been filed with the VICP. Over that 29-year time period, 17,168 petitions have been adjudicated, with 5,999 of those determined to be compensable, while 11,169 were dismissed. Total compensation paid over the life of the program is approximately $3.8 billion.

 

This information reflects the current thinking of the United States Department of Health and Human Services on the topics addressed. This information is not legal advice and does not create or confer any rights for or on any person and does not operate to bind the Department or the public. The ultimate decision about the scope of the statutes authorizing the VICP is within the authority of the United States Court of Federal Claims, which is responsible for resolving petitions for compensation under the VICP.

 

 

 

 

VICP Adjudication Categories, by Alleged Vaccine,

For Petitions Filed Since the Inclusion of Influenza as an Eligible Vaccine for Filings 01/01/2006 through 12/31/2016

 

 

 

 

Name of Vaccine Listed First in a Petition (other vaccines may be alleged or basis for

Number of Doses Distributed in the U.S.,

01/01/2006

compensation) 12/31/2016 (Source: CDC)   Concession   D Court ecision   Settlement   DT 794,777   1 0 5 6 4 10 DTaP 95,532,634   17 24 99 140 111 251 DTaP-Hep B-IPV 63,245,627   5 11 26 42 46 88 DTaP-HIB 1,135,474   0 1 2 3 2 5 DTaP-IPV 21,143,570   0 0 2 2 1 3 DTap-IPV-HIB 56,635,096   3 4 7 14 28 42 DTP 0   1 1 3 5 2 7 DTP-HIB 0   0 0 3 3 1 4 Hep A-Hep B 14,706,195   1 0 15 16 4 20 Hep B-HIB 4,787,457   1 1 2 4 1 5 Hepatitis A (Hep A) 163,305,725   7 6 36 49 29 78 Hepatitis B (Hep B) 172,993,779   6 11 59 76 65 141 HIB 111,200,358   2 1 8 11 10 21 HPV 101,405,935   15 15 96 126 157 283

through

 

 

Compensable

 

 

 

 

Compensable

Total

 

 

 

Dismissed/Non- Compensable Total

 

 

 

 

Grand

Total

 

 

Name of Vaccine Listed First in a Petition (other vaccines may be alleged or basis for compensation) Number of Doses Distributed in the U.S., 01/01/2006 through 12/31/2016                 Concession       Compensable         Court                 Settlement         Compensable       Dismissed/Non-        Grand Total                 Compensable           Total Total   (Source: CDC)   Decision   Influenza 1,372,400,000 435 188 1,828 2,451 377 2,828 IPV 69,510,722 0 0 4 4 3 7 Measles 135,660 0 0 1 1 0 1 Meningococcal 82,762,503 1 5 36 42 7 49 MMR 94,815,650 21 16 80 117 115 232 Mumps 110,749 0 0 0 0 0 0 MMR-Varicella 21,349,409 8 1 11 20 13 33 Nonqualified 0 0 0 3 3 35 38 OPV 0 1 0 0 1 5 6 Pneumococcal               Conjugate 206,003,646 10 4 15 29 23 52 Rotavirus 98,664,187 12 6 17 35 10 45 Rubella 422,548 0 1 1 2 0 2 Td 61,869,752 9 8 58 75 23 98 Tdap 225,013,338 72 17 218 307 56 363 Tetanus 3,836,052 8 2 35 45 19 64 Unspecified 0 1 1 4 6 585 591 Varicella 110,095,393 6 8 27 41 18 59 Grand Total 3,153,876,236 643 332 2,701 3,676 1,750 5,426

 

Notes on the Adjudication Categories Table

The date range of 01/01/2006 through 12/31/2016 was selected to reflect petitions filed since the inclusion of influenza vaccine in July 2005. Influenza vaccine now is named in the majority of all VICP petitions.

In addition to the first vaccine alleged by a petitioner, which is the vaccine listed in this table, a VICP petition may allege other vaccines, which may form the basis

of compensation.

Vaccine doses are self-reported distribution data provided by US-licensed vaccine manufacturers. The data provide an estimate of the annual national distribution

 

 

and do not represent vaccine administration. In order to maintain confidentiality of an individual manufacturer or brand, the data are presented in an aggregate format by vaccine type. Flu doses are derived from CDC’s FluFinder tracking system, which includes data provided to CDC by US-licensed influenza vaccine manufacturers as well as their first line distributors.

“Unspecified” means insufficient information was submitted to make an initial determination. The conceded “unspecified” petition was for multiple unidentified vaccines that caused abscess formation at the vaccination site(s), and the “unspecified” settlements were for multiple vaccines later identified in the Special Masters’ decisions

 

Definitions

 

Compensable – The injured person who filed a petition was paid money by the VICP. Compensation can be achieved through a concession by the U.S. Department of Health and Human Services (HHS), a decision on the merits of the petition by a special master or a judge of the U.S. Court of Federal Claims (Court), or a settlement between the parties.

 

• Concession: HHS concludes that a petition should be compensated based on a thorough review and analysis of the evidence, including medical records and the scientific and medical literature. The HHS review concludes that the petitioner is entitled to compensation, including a determination either that it is more likely than not that the vaccine caused the injury or the evidence supports fulfillment of the criteria of the Vaccine Injury Table. The Court also determines that the petition should be compensated.
• Court Decision: A special master or the court, within the United States Court of Federal Claims, issues a legal decision after weighing the evidence presented by both sides. HHS abides by the ultimate Court decision even if it maintains its position that the petitioner was not entitled to compensation (e.g., that the injury was not caused by the vaccine).

For injury petitions, compensable court decisions are based in part on one of the following determinations by the court:

1. 1. The evidence is legally sufficient to show that the vaccine more likely than not caused (or significantly aggravated) the injury; or
2. 2. The injury is listed on, and meets all of the requirements of, the Vaccine Injury Table, and HHS has not proven that a factor unrelated to the vaccine more likely than not caused or significantly aggravated the injury. An injury listed on the Table and meeting all Table requirements is given the legal presumption of causation. It should be noted that conditions are placed on the Table for both scientific and policy reasons.

• Settlement: The petition is resolved via a negotiated settlement between the parties. This settlement is not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the petitioner’s alleged injuries, and, in settled cases, the Court does not determine that the vaccine caused the injury. A settlement therefore cannot be characterized as a decision by HHS or by the Court that the vaccine caused an injury. Petitions may be resolved by settlement for many reasons, including consideration of prior court decisions; a recognition by both parties that there is a

risk of loss in proceeding to a decision by the Court making the certainty of settlement more desirable; a desire by both parties to minimize the time and

expense associated with litigating a case to conclusion; and a desire by both parties to resolve a case quickly and efficiently.

• Non-compensable/Dismissed: The injured person who filed a petition was ultimately not paid money. Non-compensable Court decisions include the following:

1. 1. The Court determines that the person who filed the petition did not demonstrate that the injury was caused (or significantly aggravated) by a

covered vaccine or meet the requirements of the Table (for injuries listed on the Table).

2. 2. The petition was dismissed for not meeting other statutory requirements (such as not meeting the filing deadline, not receiving a covered vaccine, and not meeting the statute’s severity requirement).
3. 3. The injured person voluntarily withdrew his or her petition.

 

 

 

Petitions Filed, Compensated and Dismissed, by Alleged Vaccine,

Since the Beginning of VICP, 10/01/1988 through 5/01/2018

 

 

Vaccines   Injury   Death   Grand Compensated Dismissed     Total     DTaP-IPV 10 0 10 2 1 DT 69 9 78 26 52 DTP 3,286 696 3,982 1,273 2,709 DTP-HIB 20 8 28 7 21 DTaP 441 82 523 220 245 DTaP-Hep B-IPV 79 36 115 41 49 DTaP-HIB 11 1 12 7 4 DTaP-IPV-HIB 43 20 63 12 26 Td 205 3 208 120 74 Tdap 576 6 582 312 58 Tetanus 128 2 130 69 46 Hepatitis A (Hep A) 98 7 105 48 28 Hepatitis B (Hep B) 676 57 733 269 414 Hep A-Hep B 29 0 29 16 5 Hep B-HIB 8 0 8 5 3 HIB 42 3 45 16 20 HPV 368 14 382 122 154 Influenza 4,184 144 4,328 2,514 400 IPV 267 14 281 8 269 OPV 282 28 310 158 151 Measles 143 19 162 55 107 Meningococcal 64 2 66 41 7 MMR 959 61 1,020 398 576 MMR-Varicella 43 2 45 19 12 MR 15 0 15 6 9 Mumps 10 0 10 1 9 Pertussis 4 3 7 2 5 Pneumococcal Conjugate   138   14   152   35   43 Rotavirus 89 4 93 54 21 Rubella 190 4 194 71 123 Varicella 97 9 106 61 30 Nonqualified1 97 9 106 3 100 Unspecified2 5,424 9 5,433 8 5,398 Grand Total 18,095 1,266 19,361 5,999 11,169

Filed

 

 

1 Nonqualified petitions are those filed for vaccines not covered under the VICP.

2 Unspecified petitions are those submitted with insufficient information to make a determination.

 

 

 

Petitions Filed

 

 

 

Fiscal Year Total FY 1988 24 FY 1989 148 FY 1990 1,492 FY 1991 2,718 FY 1992 189 FY 1993 140 FY 1994 107 FY 1995 180 FY 1996 84 FY 1997 104 FY 1998 120 FY 1999 411 FY 2000 164 FY 2001 215 FY 2002 958 FY 2003 2,592 FY 2004 1,214 FY 2005 735 FY 2006 325 FY 2007 410 FY 2008 417 FY 2009 397 FY 2010 448 FY 2011 386 FY 2012 401 FY 2013 504 FY 2014 633 FY 2015 803 FY 2016 1,120 FY 2017 1,243 FY 2018 679 Total 19,361

 

 

 

Adjudications

Generally, petitions are not adjudicated in the same fiscal year as filed. On average, it takes 2 to 3 years to adjudicate a petition after it is filed.

 

Fiscal Year Compensable Dismissed Total FY 1989 9 12 21 FY 1990 100 33 133 FY 1991 141 447 588 FY 1992 166 487 653 FY 1993 125 588 713 FY 1994 162 446 608 FY 1995 160 575 735 FY 1996 162 408 570 FY 1997 189 198 387 FY 1998 144 181 325 FY 1999 98 139 237 FY 2000 125 104 229 FY 2001 86 88 174 FY 2002 104 104 208 FY 2003 56 100 156 FY 2004 62 247 309 FY 2005 60 229 289 FY 2006 69 193 262 FY 2007 82 136 218 FY 2008 147 151 298 FY 2009 134 257 391 FY 2010 180 329 509 FY 2011 266 1,740 2,006 FY 2012 265 2,533 2,798 FY 2013 369 649 1,018 FY 2014 371 193 564 FY 2015 517 138 655 FY 2016 697 179 876 FY 2017 696 181 877 FY 2018 257 104 361 Total 5,999 11,169 17,168

 

 

Awards Paid

 

 

Number of        Petitioners’ Award Fiscal Year     Compensated              Amount Awards Attorneys’ Fees/Costs Payments Number of Payments to Attorneys (Dismissed Cases) Fees/Costs           Payments          Attorneys’ Payments             to Interim         Fees/Costs           Total Outlays (Dismissed           Attorneys’          Payments Cases) FY 1989 6 $1,317,654.78 $54,107.14 0 $0.00 0 $0.00 $1,371,761.92 FY 1990 88 $53,252,510.46 $1,379,005.79 4 $57,699.48 0 $0.00 $54,689,215.73 FY 1991 114 $95,980,493.16 $2,364,758.91 30 $496,809.21 0 $0.00 $98,842,061.28 FY 1992 130 $94,538,071.30 $3,001,927.97 118 $1,212,677.14 0 $0.00 $98,752,676.41 FY 1993 162 $119,693,267.87 $3,262,453.06 272 $2,447,273.05 0 $0.00 $125,402,993.98 FY 1994 158 $98,151,900.08 $3,571,179.67 335 $3,166,527.38 0 $0.00 $104,889,607.13 FY 1995 169 $104,085,265.72 $3,652,770.57 221 $2,276,136.32 0 $0.00 $110,014,172.61 FY 1996 163 $100,425,325.22 $3,096,231.96 216 $2,364,122.71 0 $0.00 $105,885,679.89 FY 1997 179 $113,620,171.68 $3,898,284.77 142 $1,879,418.14 0 $0.00 $119,397,874.59 FY 1998 165 $127,546,009.19 $4,002,278.55 121 $1,936,065.50 0 $0.00 $133,484,353.24 FY 1999 96 $95,917,680.51 $2,799,910.85 117 $2,306,957.40 0 $0.00 $101,024,548.76 FY 2000 136 $125,945,195.64 $4,112,369.02 80 $1,724,451.08 0 $0.00 $131,782,015.74 FY 2001 97 $105,878,632.57 $3,373,865.88 57 $2,066,224.67 0 $0.00 $111,318,723.12 FY 2002 80 $59,799,604.39 $2,653,598.89 50 $656,244.79 0 $0.00 $63,109,448.07 FY 2003 65 $82,816,240.07 $3,147,755.12 69 $1,545,654.87 0 $0.00 $87,509,650.06 FY 2004 57 $61,933,764.20 $3,079,328.55 69 $1,198,615.96 0 $0.00 $66,211,708.71 FY 2005 64 $55,065,797.01 $2,694,664.03 71 $1,790,587.29 0 $0.00 $59,551,048.33 FY 2006 68 $48,746,162.74 $2,441,199.02 54 $1,353,632.61 0 $0.00 $52,540,994.37 FY 2007 82 $91,449,433.89 $4,034,154.37 61 $1,692,020.25 0 $0.00 $97,175,608.51 FY 2008 141 $75,716,552.06 $5,191,770.83 74 $2,531,394.20 2 $117,265.31 $83,556,982.40 FY 2009 131 $74,142,490.58 $5,404,711.98 36 $1,557,139.53 28 $4,241,362.55 $85,345,704.64 FY 2010 173 $179,387,341.30 $5,961,744.40 59 $1,933,550.09 22 $1,978,803.88 $189,261,439.67 FY 2011 251 $216,319,428.47 $9,572,042.87 403 $5,589,417.19 28 $2,001,770.91 $233,482,659.44 FY 2012 249 $163,491,998.82 $9,241,427.33 1,020 $8,649,676.56 37 $5,420,257.99 $186,803,360.70 FY 2013 375 $254,666,326.70 $13,543,099.70 704 $7,012,615.42 50 $1,454,851.74 $276,676,893.56 FY 2014 365 $202,084,196.12 $12,161,422.64 508 $6,824,566.68 38 $2,493,460.73 $223,563,646.17 FY 2015 508 $204,137,880.22 $14,507,692.27 117 $3,484,869.16 50 $3,089,497.68 $225,219,939.33 FY 2016 689 $230,140,251.20 $16,225,881.12 99 $2,741,830.10 59 $3,502,709.91 $252,610,672.33

Attorneys’

Number of

Interim

 

 

Attorneys’     Number of   Attorneys’ Number of Payments Fees/Costs Number of Interim   Fiscal Year Compensated Petitioners’ Award Fees/Costs to Attorneys Payments Payments Attorneys’ Total Outlays   Awards Amount Payments (Dismissed Cases) (Dismissed to Interim Fees/Costs             Cases) Attorneys’ Payments

FY 2017 706 $252,245,932.78 $22,045,785.00 131 $4,441,724.32 52 $3,363,464.24 $282,096,906.34 FY 2018 324 $115,493,471.10 $10,459,731.99 64 $3,194,990.45 36 $3,137,308.44 $132,285,501.98 Total 5,991 $3,603,989,049.83 $180,935,154.25 5,302 $78,132,891.55 402 $30,800,753.38 $3,893,857,849.01

 

 

NOTE: Some previous fiscal year data has been updated as a result of the receipt and entry of data from documents issued by the Court and system updates which included petitioners’ costs reimbursements in outlay totals,

 

“Compensated” are petitions that have been paid as a result of a settlement between parties or a decision made by the U.S. Court of Federal Claims (Court). The

# of awards is the number of petitioner awards paid, including the attorneys’ fees/costs payments, if made during a fiscal year. However, petitioners’ awards and attorneys’ fees/costs are not necessarily paid in the same fiscal year as when the petitions/petitions are determined compensable. “Dismissed” includes the # of payments to attorneys and the total amount of payments for attorneys’ fees/costs per fiscal year. The VICP will pay attorneys’ fees/costs related to the petition, whether or not the petition/petition is awarded compensation by the Court, if certain minimal requirements are met. “Total Outlays” are the total amount of funds expended for compensation and attorneys’ fees/costs from the Vaccine Injury Compensation Trust Fund by fiscal year.

 

Since influenza vaccines (vaccines administered to large numbers of adults each year) were added to the VICP in 2005, many adult petitions related to that vaccine have been filed, thus changing the proportion of children to adults receiving compensation.

 

The vaccine injury attorneys at Gold Law Firm, LLC., only practice vaccine injury law.  Vaccine Injury law is all we do.  Vaccine injuries are rare, but real.  We’ll help you and your family.