Not initially. You will most likely have to file a claim with the National Vaccine Injury Compensation Program (VICP) first. If the vaccine 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 on the VICP list, then you must file your claim with the Federal Claims Court. Current legal precedent requires the Federal Claims Court to dismiss vaccine-related autism claims. However, that decision is being appealed. If the court dismisses your vaccine injury claim, then you may sue the vaccine maker directly.
