Not initially. In most instances, you must first file a claim with the National Vaccine Injury Compensation Program (VICP). If the inoculation that caused your child’s injury is not on the list of vaccines covered by the VICP, then you may immediately sue the vaccine manufacturer. If the vaccine is covered by the VICP, then you must proceed with your claim within the Federal Claims Court that hears all VICP claims. If the court rules against you or dismisses your vaccine injury claim, then you may sue the vaccine maker directly. If the court rules in your favor and awards you compensations for your child’s vaccine-related injury, you can still elect to sue the vaccine maker if you reject the Vaccine Injury Compensation Program’s award of benefits.
