How is eligibility for compensation determined?
There are three means to qualify for compensation: a. A petitioner must show that an injury found on the Vaccine Injury Table occurred; or b. A petitioner must prove that the vaccine caused the condition; or c. A petitioner must prove that the vaccine significantly aggravated a pre-existing condition. The Vaccine Injury Table lists specific injuries or conditions and the time frames in which they must occur after vaccine administration. The Table is a legal mechanism for defining complex medical conditions and allows a statutory “presumption of causation.” It is much easier to demonstrate a “Table Injury” than to prove that the vaccine caused the condition, and most claims allege that a Table Injury occurred. Compensation is not awarded, however, if the Court determines that the injury or death was due to a cause unrelated to the vaccine, even if it was a Table Injury. In contrast to civil liability suits, hearings to determine eligibility under the VICP usually last only 1 or 2 days.
