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Encephalitis and Vaccines: What You Should Know

Oct. 1, 2026

Encephalitis is a serious neurological condition that is recognized on the Vaccine Injury Table for certain vaccines under the National Vaccine Injury Compensation Program (VICP). It is listed on the Table together with encephalopathy, but the Table sets out separate criteria for each condition.

What is Encephalitis?

For Vaccine Injury Table purposes, a vaccine recipient is considered to have suffered encephalitis if an acute encephalitis occurs within the applicable time period and results in a chronic encephalopathy. Under the Table, acute encephalitis is indicated by:

  • evidence of neurologic dysfunction, plus

  • evidence of an inflammatory process in the brain.

Which Vaccines Cover On-Table Encephalopathy?

Under the Vaccine Injury Table, encephalopathy is listed as a covered injury for the following vaccines:

  • Vaccines containing whole cell pertussis bacteria, extracted or partial cell pertussis bacteria, or specific pertussis antigen(s). Examples include DTP, DTaP, P, and DTP-Hib

Time period: first symptom or manifestation must occur within 72 hours after vaccination

  • Vaccines containing measles, mumps, and rubella virus or any of its components. Examples include MMR, MM, and MMRV

Time period: first symptom or manifestation must occur between 5 and 15 days after vaccination

If the first symptom or manifestation of onset occurs within the applicable time period, the injury may qualify as a Table injury if the remaining criteria are met.

Note: If your injury does not meet the requirements of the Vaccine Injury Table, you may still be able to pursue an "off-Table" claim. To learn more, read our post, If My Injury Is Not Listed: Do I Still Have a Case?

What is Chronic Encephalopathy?

For Table purposes, a chronic encephalopathy occurs when a change in mental or neurologic status:

  • first manifested during the applicable Table time period as an acute encephalopathy or encephalitis, and

  • persists for at least 6 months from the first symptom or manifestation of onset or of significant aggravation.

Individuals who return to their baseline neurologic state, as confirmed by clinical findings, within less than 6 months are not presumed to have suffered residual neurologic damage from that event. Any subsequent chronic encephalopathy is not presumed to be a sequela of the acute encephalitis.

Encephalitis on the Vaccine Injury Table: Important Exclusions

Not every encephalitis after vaccination qualifies as a Table injury. Regardless of whether the specific cause is known, encephalitis is not considered a Table injury if it is shown to have been caused by:

  • an underlying malignancy that led to a paraneoplastic encephalitis;

  • an infectious disease associated with encephalitis, including a bacterial, parasitic, fungal, or viral illness (such as herpes viruses, adenovirus, enterovirus, West Nile Virus, or human immunodeficiency virus), which may be demonstrated by clinical signs and symptoms and need not be confirmed by culture or serologic testing;

  • acute disseminated encephalomyelitis (ADEM). Although early ADEM may have laboratory and clinical characteristics similar to acute encephalitis, findings on MRI are distinct, with ADEM displaying evidence of acute demyelination; or

  • other conditions or abnormalities that would explain the vaccine recipient's symptoms.

The Severity Requirement

Even if encephalopathy meets the Vaccine Injury Table’s timing and diagnostic requirements, the VICP also requires that the injury meet a severity threshold. To file a claim, the injury must have:

  1. Lasted for more than six months after the vaccination; or

  2. Resulted in inpatient hospitalization and surgical intervention; or

  3. Resulted in death.

Legal Considerations and the VICP

If you believe you or a loved one suffered encephalitis after receiving a covered vaccine, you may be eligible to file a claim in the U.S. Court of Federal Claims ("Vaccine Court"). The VICP can provide compensation for:

-       Medical expenses

-       Lost wages or income (where applicable)

-       Pain and suffering

Contact a Vaccine Injury Lawyer Today

At Texas Vaccine Lawyers, a Division of The Greenwood Law Firm, we help clients navigate the VICP claims process to seek justice for vaccine-related injuries. SCHEDULE A FREE CONSULTATION to discuss your case and explore your legal options.

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