Two House members from opposite parties have introduced legislation to overhaul the federal system that compensates people for rare vaccine injuries, proposing to raise compensation caps that have not changed since the program was created, extend filing deadlines, add judges to clear a backlog, and move pending COVID-19 vaccine injury claims into the program.
The Vaccine Injury Compensation Modernization Act of 2026, filed as H.R. 9672, was introduced on July 14 by Representatives Lloyd Doggett, a Texas Democrat, and Lloyd Smucker, a Pennsylvania Republican, both members of the House Ways and Means Committee.
The bill has not passed. Similar reform efforts have been introduced in past Congresses without becoming law, including an earlier version backed by many of the same arguments. For families with a pending claim, nothing about their case changes today, and no one should alter a filing strategy based on proposed legislation. What the bill does establish is a documented, bipartisan account of where the current system is slow.
The Program and How It Is Funded
Congress created the National Vaccine Injury Compensation Program in 1986 after mounting litigation over the DTP vaccine drove manufacturers out of the market and threatened the national vaccine supply.
The design is a compromise. It provides a no-fault administrative path for people who experience rare vaccine-related injuries, adjudicated by special masters in the U.S. Court of Federal Claims rather than through ordinary product liability litigation. In exchange, manufacturers and administrators receive liability protection, generally barring civil claims above $1,000 until a VICP petition has been filed and judgment entered.
Funding does not come from general taxpayer appropriations. It comes from a federal excise tax of 75 cents per dose for each disease a covered vaccine prevents, deposited into the Vaccine Injury Compensation Trust Fund. Compensation may only be paid for injuries from vaccines subject to that tax, and the program has paid out more than $5 billion since it began.
The Backlog the Bill Targets
Filings have grown substantially. A congressional research overview of the program notes that 1,301 vaccine petitions were filed in fiscal 2025, a 62% increase over the 803 filed a decade earlier, against a statutory ceiling of eight special masters. Petitioners may withdraw a case 240 days after filing if no decision has been reached.
Doggett's office describes the program as never having been significantly updated since its creation. The sponsors' announcement of the legislation frames the problem as extended delays, outdated compensation caps, and the absence of COVID-19 vaccine coverage.
The parallel program handling COVID-19 vaccine claims is where the numbers are starkest. Because COVID-19 vaccines were first distributed under emergency authorization, injury claims were routed to the separate Countermeasures Injury Compensation Program, or CICP, and have stayed there. As of March 2026, nearly 11,000 COVID-19 vaccine injury claims had been filed in that program.
The law firm MCTLaw, which advised on the bill's drafting and represents claimants, cited federal data on pending COVID claim counts, current as of July 1, showing more than 14,000 COVID vaccine injury claims filed, thousands still undecided years after the vaccines became widely available, and fewer than 1% of decided claims compensated. Those tallies come from an advocate for claimants and are counted differently from the congressional figures, so readers should treat both as approximate.
The structural difference matters more than the exact count. The CICP offers no judicial review, and claimants may recover only medical and work-loss expenses that were not otherwise compensated. The VICP allows judicial review through the Court of Federal Claims.
The Specific Changes on the Table
The text of the bill as introduced would raise the cap on compensation for pain and suffering or for death from $250,000 to $600,000, with adjustments for inflation going forward. That cap has not been changed since 1986.
It would extend the filing deadline for vaccine injury claims from three years to five years, addressing cases where an injury is recognized only after the current window has closed.
It would change the number of special masters from a ceiling of eight to a floor of ten and allow them to be reappointed to additional terms, aimed directly at adjudication speed.
It would expand VICP coverage to include COVID-19, RSV, shingles, and dengue vaccines, along with other vaccines recommended by CDC for adults, and would transfer covered COVID-19 claims out of the CICP.
Doggett said compensation should be prompt and reasonable in the rare instances when a vaccine-related injury occurs, and that extended delays and outdated caps have prevented that. Smucker said Americans who experience rare vaccine injuries deserve a system that is fair, transparent, and efficient.
The Distinction Readers Should Keep Clear
A slow compensation program is not evidence that vaccines are unsafe. These are separate questions, and conflating them produces bad decisions in both directions.
Serious adverse events following routinely recommended vaccines are rare, and the extensive body of evidence supporting the safety and effectiveness of those vaccines is not altered by administrative delays at a compensation program. The compensation system exists precisely because a small number of people do experience rare injuries, and a functioning society compensates them without dismantling vaccination.
Advocacy groups on multiple sides support the bill for different reasons. Patient organizations representing people who report vaccine injuries have welcomed the introduction. Others have raised reservations, including questions about how vaccines subject to shared clinical decision-making recommendations would be treated under the program.
Two other bills before Congress, from Representative Paul Gosar and Senator Rand Paul, would remove manufacturer liability protection entirely, which would unwind the compromise the VICP was built on. Neither has advanced.
What Claimants and Families Should Do Now
If you have a pending VICP or CICP claim, continue working with your attorney. Proposed legislation does not change filing deadlines, evidentiary standards, or the status of any case.
If you believe you experienced a serious adverse event following vaccination, report it to the Vaccine Adverse Event Reporting System, seek medical evaluation and documentation, and keep records of medical visits, lost work, and out-of-pocket costs. Documentation is what compensation claims turn on.
Be aware of the current three-year filing deadline for VICP claims. It has not changed and will not change unless this bill or a similar one becomes law.
If you are weighing a routine vaccination, discuss individual risks and benefits with a clinician who knows your medical history rather than deciding based on litigation news.
Frequently Asked Questions
Has this bill become law? No. H.R. 9672 was introduced in July 2026 and has not been enacted. Nothing about the current program has changed.
What is the VICP? A no-fault federal program created in 1986 that compensates people for rare vaccine-related injuries through special masters in the U.S. Court of Federal Claims.
How is it funded? Through a federal excise tax of 75 cents per dose for each disease a covered vaccine prevents, deposited in a trust fund. The program has paid out more than $5 billion.
Why are COVID-19 claims handled separately? COVID-19 vaccines were first distributed under emergency authorization, routing claims to the Countermeasures Injury Compensation Program, which lacks judicial review and offers narrower damages.
What would the bill change? It would raise the death and pain-and-suffering cap from $250,000 to $600,000, extend the filing deadline from three to five years, set a floor of ten special masters, and move covered COVID claims into the VICP.
Does a backlog mean vaccines are unsafe? No. Program administration and vaccine safety are separate questions. Serious adverse events following routinely recommended vaccines remain rare.
What is the current filing deadline? Three years for VICP claims. That has not changed. Anyone considering a claim should consult an attorney about their specific timeline.
