A claim may be made for any injury or death thought to be the result of a covered vaccine. Claims may be filed by the injured individual; or a parent, legal guardian, or trustee may file on behalf of a child or an incapacitated person. Compensable injuries are either those listed in the Vaccine Injury Table, which is found in the Code of Federal Regulations, Section 2114 of the Act, or those which petitioners can demonstrate were caused by the vaccine.

The Program is administered jointly by the Department of Health and Human Services (HHS), the U.S. Court of Federal Claims (the Court), and the Department of Justice (DOJ). The process is as follows:

First, if there is a reasonable basis for the claim, Conway, Homer & Chin-Caplan, P.C. will file a petition for compensation with the Court. Next, a physician at the Division of Vaccine Injury Compensation, HHS, reviews each petition to determine whether it meets the criteria for compensation and makes a recommendation on compensability. This recommendation is provided to the Court through a report filed by DOJ, although it is not binding. The HHS position is represented by an attorney from DOJ in hearings before a "special master" who makes the initial decision for compensation under the Program. A special master is an attorney appointed by the judges of the Court. Decisions may be appealed to the Court, then to the Federal Circuit Court of Appeals, and then to the Supreme Court.

No petition may be filed under this Program if a civil action is pending for damages related to the vaccine injury, or if damages were awarded by a court or in a settlement of a civil action against the vaccine manufacturer or administrator.

It is not a requirement to have attorney representation during this process; however, because the Rules of the Court are very specific and must be strictly followed, many petitioners have made the decision to have an attorney represent them. The Act provides for the payment of reasonable attorneys' fees and costs, regardless of the Court's decision on compensability, providing the case is brought in good faith and there is a reasonable basis for the claim. An attorney who files a petition must be admitted to the U.S. Court of Federal Claims Bar.

Vaccine-Related Injury

• Reasonable compensation for past and future unreimbursable medical, custodial care, and rehabilitation costs.
• $250,000 cap for actual and projected pain and suffering, emotional distress.
• Lost earnings.
• Reasonable attorneys' fees and costs.
• Deadline for filing: Within 36 months after the first symptoms appeared.

• $250,000 for the estate of the deceased.
• Reasonable attorneys' fees and costs.
• Deadline for filing: Within 24 months of death and within 48 months after the onset of the vaccine-related injury from which the death occurred.