Can I Sue for COVID-19 Vaccine Side Effects?

COVID-19 Vaccines and the Legal Landscape

COVID-19 vaccines are not covered by the National Vaccine Injury Compensation Program (VICP). Instead, they fall under the Countermeasures Injury Compensation Program (CICP), a separate federal program with different — and generally stricter — rules.

What Is the CICP?

The CICP was created under the Public Readiness and Emergency Preparedness (PREP) Act. It provides limited liability protection to vaccine manufacturers and, in exchange, offers a compensation pathway for injured individuals.

However, the CICP:

• Requires a higher standard of proof than the VICP
• Does not cover pain and suffering
• Has more limited compensation available
• Does not allow attorney fees to be paid by the government

Can I Sue the Vaccine Manufacturer?

In most cases, no. The PREP Act provides broad immunity to COVID-19 vaccine manufacturers from injury lawsuits. There is a very narrow exception for "willful misconduct," but this is an extremely high bar to meet.

What Injuries Are Recognized Under the CICP?

There is currently no COVID-19 injury table in the CICP, so each claim is reviewed on its own medical evidence. According to HRSA's CICP data, most COVID-19 vaccine claims compensated so far have involved myocarditis or myopericarditis (heart inflammation). The landscape is still developing.

Is There a Filing Deadline?

Yes. According to HRSA, a CICP Request for Benefits must generally be filed within one year of receiving the vaccine. A separate one-year window can apply if HHS creates or amends a countermeasure injury table in a way that newly allows a claim. See HRSA's CICP filing process for details.

What Should I Do If I Think I Was Injured?

1. Seek medical care and document your symptoms and diagnosis thoroughly.
2. Report the injury to VAERS (the Vaccine Adverse Event Reporting System).
3. Consult with an attorney who is familiar with the CICP and COVID-19 vaccine injury claims.
4. Submit your information through our free form to be connected with an independent attorney who can evaluate your situation.

The COVID-19 vaccine injury space is evolving rapidly. Legal and regulatory guidance continues to develop, and the advice you receive today may change.