Justice Manual § 4-5.421

The National Vaccine Injury Compensation Program (42 U.S.C. §§ 300aa-10 through 34) (the "Program"), which is part of the National Childhood Vaccine Injury Act of 1986 (the "Vaccine Act"), establishes a "no fault" compensation system for persons injured by certain vaccines set forth in the Vaccine Injury Table. Claimants need not establish that the vaccine was defective, or that any degree of negligence was involved in its administration. The only liability-related question is causation—did the vaccine cause the injury for which compensation is sought. The Act prohibits the filing of a civil action for damages against a manufacturer or vaccine administrator for a "vaccine-related injury or death" unless the individual has first pursued a claim under the Vaccine Act. By offering an alternative to traditional tort actions against vaccine administrators and manufacturers for alleged serious adverse reactions, the Program recognizes and furthers the public interest in encouraging the availability and use of these vaccines.

Note. Currently, the vaccines covered under the Program are: diphtheria, tetanus, pertussis, measles, mumps, rubella, polio, hepatitis A, hepatitis B, varicella, Haemophilus influenzae type b, rotavirus, pneumococcal conjugate, seasonal influenza vaccines, human papillomavirus, and meningococcal vaccines.

The Vaccine Litigation Group in the Torts Branch of the Civil Division defends all claims brought against the Secretary of Health and Human Services under the Vaccine Act. The cases are filed in the United States Court of Federal Claims by individuals claiming to have suffered injuries as a result of the receipt of certain vaccines. The cases routinely involve claims of catastrophic injuries or death. As a result, the cases present unique challenges and require diverse litigation skills of the Department of Justice trial attorneys who defend them.