Vaccine Injury Law

New Jersey Vaccine Injury Lawyer Gaylord Popp LLC

Vaccine Injury Legal Representation – (VICP)

Each year millions of individuals (children and adults) are vaccinated against serious disease and illness.  Vaccinations are a helpful defense against disease and infection, however there are situations when the vaccine itself causes unintended consequences including serious illness, injury, permanent disability, and in some cases death.

In response, the United States government created the Vaccine Injury Compensation Program (VICP).  The VICP is designed as a non-fault system of compensation to provide monetary support for individuals injured as a direct result of an adverse reaction to a vaccine.  Please be aware that participation in the VICP is mandatory prior to filing any direct cause of action against a potential defendant in either State or Federal Court. Though not all vaccines are covered, a large number have been recognized to cause adverse reactions.  Some vaccines which are covered under the Program are as follows:

Diphtheria-Tetanus-Pertussis or any combination of Diphtheria, Tetanus Toxoid, and Pertussis (“Whooping Cough”) antigen-containing vaccines (for example, DTP, DTaP, P, DTP-Hib)

Hemophilus influenzae type b polysaccharide conjugate vaccines (Hib)

Hepatitis A vaccines (Hep A)

Hepatitis B vaccines (Hep B)

Human Papilloma Virus vaccines

Measles virus containing vaccines, alone, or in combination with other vaccines (for example, MMR, MR, M)

Measles-Mumps-Rubella or any combination of Measles, Mumps, and Rubella (“German Measles”) virus containing vaccines (for example, MMR, MR, R)

Pneumococcal (“Pneumonia”) conjugate vaccines

Polio inactivated virus containing vaccines (IPV)

Polio live virus containing vaccines (OPV)

Rotavirus vaccines containing live, oral, rhesus-based rotavirus

Rubella virus containing vaccines, alone, or in combination with other vaccines (for example, MMR, MR, R)

Seasonal flu vaccine

Tetanus Toxoid, alone, or in combination with other vaccines (for example, TT, Td)

Varicella (“Chicken Pox”) vaccines

Some of the know injuries which are caused as a direct result of an adverse reaction to a vaccine are:

  • Anaphalaxis/anaphylactic shock
  • Brachial neuritis
  • Encephalitis
  • Enecphalopathy
  • Guillain-Barre Syndrome
  • Intussusception
  • SIRVA – Shoulder Injury Related Vaccine Administration
  • Thrombocytopenic purpura
  • Transverse Myelitis
  • Vasovagal Syncope

The VICP allows individuals and/or their guardians legal representation when bringing forth claims for compensation.  The claims are filed in the United States Court of Federal Claims and against the Department of Health and Human Services (HHS).  The cases are defended by the United States Department of Justice (DOJ).  The Program has a very strict and uncompromising statute of limitations (time period) in which a claim may be filed.

For an injury, your claim must be filed within three (3) years after the first symptom of the vaccine injury.

In the case of death, your claim must be filed within two (2) years of the death and four (4) years after the start of first symptom of the vaccine-related injury from which the death occurred.

The Program allows payment of all reasonable legal fees and costs separate and distinct from compensation paid for medical expenses, pain/suffering, lost earnings, and/or future care.  Payment of legal fees and costs is not contingent upon success. Namely, if your claim is deemed to have been filed in “Good Faith” but the claim is unsuccessful, your attorney’s fees and costs may still be paid through the Program.  Successful or not, you are never personally responsible for payment of our attorney fee.

The Program has nationwide jurisdiction and has no requirement of citizenship.  Program eligibility merely requires an individual (child or adult) to have been injured as a direct result of a vaccine covered by the VICP in order for compensation to be potentially awarded.

The law firm of Gaylord Popp, LLC provides legal representation to individuals and families in New Jersey and throughout the United States before the Court of Federal Claims.  The Court of Federal Claims is physically located in Washington, D.C. however accommodations are made through the Program to allow hearings in Federal District courts close to your home or byway of video conferencing.  Therefore, geographically location should not bar any potential claim.

Kenneth Thayer, Esq. is admitted to practice before the U.S. Court of Federal Claims, the U.S. District Court for the District of New Jersey, and the New Jersey Superior Court.  Mr. Thayer looks forward to discussing any questions or concerns either you or your family face when confronted with an injury caused by an adverse reaction to a vaccine.

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Top 10 Questions About Vaccine Injury Law

Vaccines save lives and stop the spread of disease.  However, there are times when the vaccine itself causes unintended side effects such as severe allergic reactions, physical injuries and in rare cases death.  A vaccine injury is any personal injury to a child and/or an adult that can be traced directly back to the injection of a vaccine.
Most adverse reactions to vaccines will occur within an matter of hours up to six months.  Your treating doctor should be able to diagnosis and treat the condition.  Medical records provide the proof to establish that a vaccine injury has occurred. 
Children and/or adults who have suffered a vaccine injury are required to first file a claim under the National Vaccine Injury Compensation Program (VICP) in the U.S. Court of Federal Claims before seeking any direct cause of action against either a treating medical provider who administered the vaccine and/or the pharmaceutical company who designed/manufactured/sold the vaccine in question.
In the 1980's there were concerns over serious side effects from vaccines for diphtheria, tetanus, and pertussis.  A large number a direct law suits were filed against vaccine companies, doctors, and nurses.  Some manufacturers discontinued production of vaccines which created a shortage.  However the real concern over side effects remained.   In order to curb the increase in law suits and still allow injured individuals access to compensation, our Congress enacted new laws establishing the VICP under the administration of the U.S. Court of Federal Claims. 
Claims for injuries sustained as a direct result of vaccines are to be filed exclusively in the U.S. Court of Federal Claims.  The claims are filed against the U.S. Department of Health and Human Services (HHS) and are defended by the U.S. Department of Justice (DOJ).   The cases are then assigned to Special Masters from the U.S. Court of Federal Claims who sit as judges to evaluate the claims and render decisions as to the awarding or denial of benefits.  The physical court is located in Washington D.C.  However, the U.S. Court of Federal Claims will accommodate for the location of vaccine injury victims and hold conferences and/or trials in the victim's home jurisdiction.
Any claimed injury must be filed within 3 years after the first symptom of the vaccine injury.  If a death resulted, the claim must be filed within 2 years of the death and 4 years after the first symptom of a vaccine related injury occurred.

For injuries:

  • Monetary compensation is paid up to $250,000.00 for actual and projected pain and suffering .
  • Payment for past and future non-reimbursable medical, custodial care, rehabilitation costs, and related expenses. There is NO monetary limit to the amounts paid for these expenses.
  • Lost earnings.
  • Attorney fees and costs.

For a death:

  • Monetary compensation up to $250,000.00 paid to the estate of the deceased.
  • Attorney fees and costs.

No. You can appear "Pro Se" and represent yourself.  However, all claims filed under the VICP must be filed in the U.S. Court of Federal Claims.  This is a legal proceeding and most people do retain legal representation.  Please note that legal representation is not dependant on geographical location.  As long as an attorney is certified to appear before the U.S. Court of Federal Claims, an attorney can accept representation from any U.S. location. 
No.  All reasonable attorney fees and costs are paid separate and distinct from your award.  Attorney fees and costs are paid directly through the VICP.  You are never assessed or held responsible for the payment of your attorney fees.  In some cases attorney fees are paid even if your case is unsuccessful as long as there existed a "good faith" claim that a vaccine injury had occurred. 
We recommend you contact an attorney as soon as possible in order to assess your claim, gather the proper medical documentation, and remain compliant with the strict statute of limitations imposed by the VICP.  The law firm of Gaylord Popp, LLC is ready to address any and all questions and concerns you may have concerning vaccine injuries and the VICP.  Kenneth Thayer, Esq. is a partner in the law firm of Gaylord Popp, LLC and is certified to practice before the U.S. Court of Federal Claims and welcomes any and all inquiries.