Time to decision, by year and condition

Live · 13,358 cases in database · latest filing 2026-05-12

How long a Vaccine Injury Compensation Program petition takes from filing to final decision, tracked year by year and by alleged condition. The median hides the problem: the interesting number is the share of cases that take more than three years, which is where contested causation claims sit.

Median time, 2025
67 mo
28 decisions
Median time, 2014
25 mo
29 decisions
Over 3 years, 2025
86%
share of that year's decisions
Dated cases
317
with filing and decision dates
Time from filing to decision, by year decided for Encephalitis / encephalopathy
Months. Each point is the cohort of cases decided that year.
Share of decisions that took over three years for Encephalitis / encephalopathy
Percent of that year's decisions.
Filings versus decisions per year for Encephalitis / encephalopathy
Filings counted here are only petitions that have since been decided, so recent filing years are incomplete by construction.

By year decided for Encephalitis / encephalopathy

YearDecisionsMedian75th pctOver 3 yr
20142925 mo48 mo34%
20152419 mo46 mo33%
20163826 mo40 mo37%
20172822 mo43 mo32%
20182522 mo42 mo32%
20202239 mo60 mo55%
20252867 mo84 mo86%
What this can and cannot show. This registry holds decided cases only, so it cannot count the pending backlog directly. HRSA publishes pending-petition counts in its monthly statistics report. What this page measures is the wait experienced by the cases that did finish: how long, and how the tail of very long cases has moved. Petition filing dates are read from the decision text and are missing for a few hundred cases. Decisions before 2014 are thinly represented in this corpus, so the 2012 and 2013 cohorts are small.

Why vaccine-injury cases take as long as they do

The Vaccine Act set a 240-day target for a Special Master's decision, and the statute lets a petitioner leave the program and sue in civil court if that deadline passes. In practice almost nobody leaves, because the tort route is harder, so the deadline is routinely waived and the effective clock is the program's capacity. Filings roughly quadrupled after shoulder injuries were added to the Vaccine Injury Table in 2017, and the number of Special Masters did not grow with them.

Two things stretch a case. The first is the medical record: onset dates, treatment histories and expert reports have to be assembled before the government files its Rule 4(c) report, and each round of expert exchange adds months. The second is contested causation. A Table claim that the government concedes can close in about a year; an off-Table claim that goes to hearing, then to damages, then to a fee ruling, can run four years or longer. That is why the share of cases over three years is a better gauge of friction than the median.