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1 [1] (May 4, 2026)

handle is hein.crs/goveucd0001 and id is 1 raw text is: Congressional Research Service Informing the egislitive debate s~nce 1914 Updated May 4, 2026 The Vaccine Injury Compensation Program and the Office of Special Masters In 1986, Congress passed the National Childhood Vaccine Injury Act (NCVIA; 42 U.S.C. §§ 300aa-10-300aa-34), which created the National Vaccine Injury Compensation Program (VICP). The VICP is a no-fault compensation program that allows individuals to file a petition against the Secretary of Health and Human Services (the Secretary) to seek compensation for vaccine-related injuries or deaths allegedly caused by vaccines listed on the Vaccine Injury Table (the Table). Congress created the Office of Special Masters (OSM), situated within the U.S. Court of Federal Claims (Court of Federal Claims), to adjudicate petitions filed under the VICP. This In Focus describes OSM's creation, authority, and unique jurisdiction. It then identifies several issues related to the VICP that may be of interest to Congress. Jurisdicton and Author ty OSM has exclusve jurisdiction to adjudicate petitions filed under the VICP. To seek compensation through the VICP, individuals or their designees (also called petitioners) file petitions with OSM against the Secretary (the respondent). Medical records are reviewed by the Health Resources and Services Administration (HRSA), a division of HHS. The Secretary is represented by attorneys from the U.S. Department of Justice (DOJ), and petitioners often retain attorneys to represent them. The VICP currently covers 16 vaccines, some of which were added by Congress when the NCVIA was passed and others of which were added by the Secretary via rulemaking after they were recommended by the Centers for Disease Control and Prevention (CDC) for routine administration to children or pregnant women. The list of covered vaccines is found on the Table, which is codified in regulations at 42 C.F.R. § 100.3(a). The Table describes the injuries and onset periods known to be associated with each vaccine. The Secretary may modify the Table via regulation as outlined in the statute, including by adding or removing injuries and onset periods. The Secretary is also required to add a vaccine to the Table within two years when that vaccine is reconunended by the CDC for routine administration to children or pregnant women. Currently, the VICP does not include COVID-19 vaccines. Individuals seeking compensation for injuries related to COVID-19 vaccines must instead file a request for benefits under the Countermeasures Injury Compensation Program (CICP), which is administered by HRSA. The Liabity Shied Congress created the VICP to limit the liability of manufacturers and administrators of certain vaccines, while also providing a process by which individuals injured by those vaccines could receive compensation. Congress created the liability shield to address the concern that tort lawsuits against vaccine manufacturers could result in vaccine shortages. The VICP shields manufacturers and administrators from liability for vaccine-related injuries and deaths by generally barring individuals from filing civil claims in excess of $1,000 against a covered vaccine manufacturer or administrator until after a petition has been filed and judgment entered through the VICP. A petitioner may choose to dismiss a VICP petition 240 days after its filing, if the special master has not reached a decision. Thereafter, the petitioner could file a civil suit. Once a petition has been adjudicated through the VICP and judgment is entered, a petitioner must choose to accept or reject the judgment. If the petitioner accepts the judgment, the petitioner is entitled to any damages awarded by the special master. In return, however, the petitioner is barred from filing a claim in court against a vaccine manufacturer or administrator for the same injury. If the petitioner rejects the judgment, he or she is not entitled to any money damages that were awarded, but may sue the manufacturer or administrator in court for the alleged injury or death. The VICP statute also limits the types of civil actions that can be brought against manufacturers and administrators; for example, it generally bars claims for damages for unavoidable side effects. Court Proceedings Speia Masters A special master is an officer of the court who is appointed by the judges of the Court of Federal Claims to adjudicate vaccine petitions. The judges appoint special masters for four-year terms and designate a chief special master (CSM). The CSM is responsible for assigning petitions for adjudication by the special masters and for carrying out OSM's administrative business. By statute, OSM is limited to eight special masters. Like the Court of Federal Claims, it has nationwide jurisdiction and may hear cases in all states and U.S. territories. Special masters function much like judges in adjudicating VICP petitions. They conduct telephonic status conferences between the parties, ensure the record is complete, and hold hearings. They may also recommend alternative dispute resolution proceedings, and they may decide a petition on the record without a hearing. Proving Causation To be entitled to compensation under the VICP, a petitioner must show that the vaccine the petitioner received more 0