Federal Law Governs Vaccine Injury Claims — Not Georgia Tort Law

National Vaccine Injury Compensation Program (VICP)

Vaccine injuries in Georgia—and throughout the United States—are primarily handled through the National Vaccine Injury Compensation Program (VICP). This is a federal “no-fault” program established by the National Childhood Vaccine Injury Act of 1986 as an alternative to traditional civil lawsuits against vaccine manufacturers and administrators. Vaccines covered include common immunizations such as MMR, DTaP, flu shots, and more. Under VICP:

• Individuals injured by a covered vaccine can file a petition for compensation with the United States Court of Federal Claims (Vaccine Court) in Washington, D.C., not state courts. This federally administered program generally preempts most state-level vaccine injury lawsuits.
• The process involves a special master rather than a traditional jury trial.
• A federal trust fund (financed by an excise tax on vaccines) pays compensation, not vaccine makers directly.
• Georgia’s state personal injury statutes generally do not apply to vaccine injuries. Instead, claims must comply with the VICP’s procedures and deadlines.

Limited Civil Actions After VICP

In rare situations, a claimant may pursue a civil lawsuit after or instead of a VICP claim—but only if certain conditions are met. For example, after receiving a decision from the Vaccine Court, a claimant may choose to reject that decision and pursue a civil action under state law or federal law, but this is highly specialized and subject to strict legal limits under federal law.

What Is a Vaccine Injury?

A vaccine injury refers to a harmful adverse reaction or negative health outcome after getting a vaccine. These injuries can range from mild, temporary symptoms to severe, long-lasting medical conditions.

Under both federal and Georgia law, a vaccine injury must be directly linked to the administration of a vaccine, with medical evidence supporting this connection.

Under the VICP, a vaccine injury is any health condition that meets the program’s criteria and results from the administration of a vaccine covered by the federal law. Here are key concepts:

Covered Vaccination

The VICP must cover the vaccine associated with the injury. This generally includes most vaccines routinely recommended in childhood or adulthood in the United States—such as DTaP, MMR, hepatitis vaccines, influenza, HPV, and others. The Department of Health and Human Services maintains the complete, up-to-date list.

Injury or Condition

You must prove the vaccine caused the qualifying injury. This can occur in two main ways:

• Listed Injuries (Presumed Causation). The VICP maintains a Vaccine Injury Table that lists specific injuries and the time frames in which they must occur after vaccination in order for the program to presume the vaccine caused them. If the injury appears within the listed timeframe and meets the criteria, the VICP presumes causation unless they identify another cause.
• Off-Table Injuries. If an injury is not on the Vaccine Injury Table, a claimant can still recover compensation, but they must provide evidence showing that the vaccine more likely than not caused the injury. This typically requires medical and scientific evidence establishing a plausible causal connection.

Severity and Timing

To qualify:

• The injury must produce significant health consequences—not simply mild, expected side effects (like brief soreness or fever).
• Specific time limits apply for filing a petition, generally within three years from the first symptom of the injury, and related requirements if the injury results in death.

Common Vaccine Injuries Recognized Under the Law

While officials update the specific Vaccine Injury Table periodically, some examples of serious conditions that can qualify include:

• Severe allergic reactions (anaphylaxis) occurring within hours of vaccination
• Neurological conditions such as Guillain‑Barré Syndrome (GBS), a rare disorder that can cause paralysis
• Brain dysfunction (encephalopathy) linked to vaccination
• Acute neurologic events (such as seizures or convulsions) triggered by vaccine response
• Shoulder Injury Related to Vaccine Administration (SIRVA) when improper injection technique causes prolonged shoulder pain and disability

These injuries must meet the VICP’s criteria for timing and severity to be eligible.

What to Do If You Suspect a Vaccine Injury in Georgia

If you or a loved one has suffered an adverse reaction after receiving a vaccine, it is critical to:

• Seek immediate medical attention.
• Document all symptoms, treatments, and medical diagnoses.
• Report the injury to the Vaccine Adverse Event Reporting System (VAERS).
• Consult with an experienced vaccine injury attorney.

Reporting vs. Compensation — VAERS

It is important to distinguish between an adverse event report and a vaccine injury claim:

• VAERS (Vaccine Adverse Event Reporting System) is a federal reporting system where anyone (doctors, patients, caregivers) can report an adverse event occurring after vaccination. The existence of a VAERS report does not prove causation or automatically qualify someone for compensation.
• VAERS reports can support a claim but are not the same as filing a petition for financial compensation through VICP.