H.R. 9672: Vaccine Injury Compensation Modernization Act of 2026

This bill would make a number of changes to the federal Vaccine Injury Compensation Program (VICP), which is the system used to handle claims that a vaccine caused an injury or death. It would also change how certain vaccines are taxed and how COVID-19 vaccine claims are handled.

Changes to the vaccine injury claims process

The bill would expand and adjust the staffing and procedures for the program:

• It would require at least 10 special masters to hear cases, instead of allowing up to 8. Special masters are the officials who review and decide claims.
• It would set an initial special master term at 4 years, with the possibility of reappointment for additional terms of up to 8 years.
• It would require more reporting on pending petitions, scheduled hearings, and whether the program needs more special masters to handle cases fairly and quickly.
• It would require petitions to include medical records and other required information when filed.
• It would tie certain decision deadlines to the date the petition and the required medical records are filed, rather than just the petition alone.

Changes to vaccine eligibility and compensation amounts

The bill would broaden some of the program’s rules and increase compensation caps:

• It would update references to CDC recommendations so they can apply not just to children, but also to adults and pregnant women.
• It would shorten the time the CDC has to make certain recommendations from 2 years to 6 months.
• It would raise the lump-sum compensation for a vaccine-related death to $600,000.
• It would raise the cap on pain-and-suffering awards to $600,000.
• It would extend the time limit for filing certain claims from 36 months to 5 years.

COVID-19 vaccines and other covered vaccines

The bill would treat COVID-19 vaccines more directly within the vaccine injury compensation system:

• It would require the Secretary of Health and Human Services to add COVID-19 vaccines to the Vaccine Injury Table within 60 days.
• It would make people who received a COVID-19 vaccine, or another vaccine added to the table, eligible to file a compensation petition under the VICP.
• It would make the Countermeasures Injury Compensation Program available as a concurrent remedy for vaccine-related injuries or deaths, while saying that this does not reduce access to VICP compensation.
• It would clarify that civil lawsuits related to COVID-19 vaccines that were covered countermeasures would still be subject to the special liability procedures that apply to covered countermeasures.
• It would not reopen claims that were already time-barred or finally decided before enactment.

Budgeting and program administration

The bill would require the Secretary of Health and Human Services, in consultation with the Attorney General, to submit budgets for 2027 through 2031 estimating the resources needed for both the VICP and the Countermeasures Injury Compensation Program. Those budgets would need to address:

• backlogs of pending claims, and
• how to reduce the time it takes to process claims.

Changes to the vaccine excise tax

The bill would expand the list of vaccines subject to the federal excise tax and increase the tax amount:

• It would add several vaccines to the taxable list, including vaccines against dengue, SARS-CoV-2, respiratory syncytial virus (RSV), and herpes zoster (shingles).
• It would also add a broader category covering routinely administered vaccines that are licensed or authorized for emergency use and commercially distributed in the United States.
• It would clarify the definition of “vaccine” to include certain long-acting monoclonal antibody products used for long-term protection when recommended by ACIP and adopted by CDC.
• It would raise the vaccine excise tax from 75 cents to $2.20 per dose.
• It would require HHS to notify the Treasury Department and relevant congressional committees when a vaccine is first licensed, authorized, and commercially distributed.

Relevant Companies

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