Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you sue a vaccine manufacturer directly for a vaccine injury in New York?
Generally, no — not directly. The National Childhood Vaccine Injury Act of 1986 requires that most claims against vaccine manufacturers first be filed in the federal Vaccine Injury Compensation Program (VICP). Only if the VICP denies your claim or you reject the award can you then pursue a civil lawsuit in New York state or federal court. This two-step process is a critical threshold most injured parties must clear before reaching a traditional jury trial.
What is the Vaccine Injury Compensation Program (VICP) and how does it work?
The VICP is a federal no-fault system administered by the U.S. Court of Federal Claims (the “Vaccine Court”) that compensates people injured by covered vaccines, including flu shots, childhood vaccines, and others on the CDC schedule. You file a petition within 3 years of the first symptom of injury or within 2 years of a vaccine-related death. If the government’s special masters award compensation and you accept it, your civil lawsuit rights are waived — making legal counsel essential before accepting any offer.
What is a SIRVA claim and can you sue for it in New York?
SIRVA — Shoulder Injury Related to Vaccine Administration — occurs when a vaccine is injected too high on the arm, damaging the bursa or rotator cuff rather than the muscle. SIRVA is a recognized injury on the VICP Vaccine Injury Table, which means you may qualify for a presumption of causation if the shoulder pain began within 48 hours of vaccination. New Yorkers who develop persistent shoulder pain, limited range of motion, or rotator cuff tears after a vaccine should consult an attorney promptly, as VICP deadlines are firm.
What is the time limit to file a vaccine injury lawsuit in New York?
For VICP claims, you generally have 3 years from the first symptom of a vaccine injury to file a petition (2 years in the case of a vaccine-related death). If you opt out of the VICP or your claim is dismissed, New York’s standard personal injury statute of limitations under CPLR §214 — 3 years from the date of injury — typically governs any state court action. Because these deadlines can overlap and interact in complex ways, speaking with a New York personal injury attorney as soon as possible is essential.