In any case where a person could file or could have filed a petition for compensation pursuant to Subtitle 2 of Title XXI of the Public Health Services Act of the United States (42 U.S.C. § 300aa-10 et seq.) for the vaccine-related injury or death associated with the administration of a vaccine in the Commonwealth by or under the supervision of a physician licensed to practice medicine in Virginia, no civil action shall lie against such physician, or any person administering such vaccine on behalf of such physician for injury or death resulting from an adverse reaction to such vaccine, except where such injury or death was caused by gross negligence of the physician, his agents or employees, in the administration of such vaccine.
§ 8.01-44.2.Action against physician for vaccine-related injury or death.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1987 · Last verified July 16, 2026
In one sentenceBars a civil suit against a Virginia-licensed physician, or someone administering a vaccine under the physician’s supervision, for a vaccine-related injury or death that could have gone through the federal National Vaccine Injury Compensation Program, unless the physician’s own gross negligence in giving the vaccine caused the harm.
Full Text of § 8.01-44.2
Plain-English Summary
This section addresses cases where a person could file, or could have filed, a petition for compensation under Subtitle 2 of Title XXI of the federal Public Health Services Act, the National Vaccine Injury Compensation Program, for a vaccine-related injury or death associated with a vaccine administered in Virginia by, or under the supervision of, a physician licensed to practice medicine in the Commonwealth. In that situation, no civil action lies against the physician, or anyone administering the vaccine on the physician’s behalf, for injury or death resulting from an adverse reaction to the vaccine.
The bar has one exception: it does not apply where the injury or death was caused by the gross negligence of the physician or the physician’s agents or employees in administering the vaccine. Ordinary negligence in administering a vaccine falls within the immunity; gross negligence does not.
Frequently Asked Questions
Can I sue my doctor directly if I have an adverse reaction to a vaccine?
Generally not, if the injury could have been the subject of a petition under the federal National Vaccine Injury Compensation Program. The section bars a civil action against the administering physician in that situation, absent gross negligence.
What has to be true about the injury for this immunity to apply?
The person must be someone who could file, or could have filed, a petition for compensation under Subtitle 2 of Title XXI of the Public Health Services Act for a vaccine-related injury or death associated with a vaccine administered in Virginia by or under a licensed physician’s supervision.
Is there any way to sue the physician despite this section?
Yes, where the injury or death was caused by the gross negligence of the physician or the physician’s agents or employees in administering the vaccine.
Does this immunity cover only the physician, or others who give the vaccine too?
It also covers any person administering the vaccine on behalf of the physician, provided the vaccine was given under that physician’s supervision.
Does this section require me to file a federal vaccine-injury claim first?
No. The bar applies where a person could file or could have filed such a petition, not only where one was filed.
Amendment History
1987, c. 664.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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