If My Injury Is Not Listed: Do I Still Have a Case?
Many people assume that if their specific injury is not listed on the Vaccine Injury Table, they are not eligible for compensation. This is not true. While “on-Table” cases benefit from a legal presumption of causation, you can still file a successful "off-Table" claim for injuries not listed on the Table.
The Althen Standard: Proving Causation
In an off-Table case, the petitioner must prove that the vaccine was the “cause-in-fact” of the injury. To do this, the courts use the Althen standard. This requires demonstrating three things:
A medical theory causally connecting the vaccination and the injury;
A logical sequence of cause and effect showing that the vaccination was the reason for the injury; and
A proximate temporal relationship between the vaccination and the injury (meaning the timing makes sense).
In simpler terms: you must show a plausible scientific and medical explanation for how the vaccine caused your specific injury and that the timing of your symptoms supports that explanation.
The Severity Requirement
Regardless of whether a case is on-Table or off-Table, the National Vaccine Injury Compensation Program (VICP) requires that the injury meet a "severity" threshold. To file a claim, the injury must have:
Lasted for more than 6 months after the vaccination; OR
Resulted in inpatient hospitalization and surgical intervention; OR
Resulted in death.
How The Greenwood Law Firm Can Help
Off-Table cases are often more complex because they require building a strong medical argument from the ground up. At Texas Vaccine Lawyers, a Division of The Greenwood Law Firm, we have extensive experience and a proven track record of success in handling off-Table cases.
We are connected with leading medical experts who can review your records and provide the necessary testimony to meet the Althen Standard. Our team will handle the heavy lifting of gathering evidence and coordinating with expert witnesses so you can focus on your recovery.
Best of all, there is no cost to you. The VICP pays for attorney’s fees and legal costs separately, meaning you never have to worry about a bill from us, win or lose.
Schedule a Free Consultation Today
If you or a loved one suffered a serious injury after a vaccination—even if it isn't listed on the official Table—we would be happy to review your case and connect with experts on your behalf. Schedule a free consultation today to explore your options.
Sources
Althen v. Sec’y of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005).