MAY 9 • 2024 | 17
V
accines save lives by
preventing disease.
However, in rare cases,
vaccines can cause severe aller-
gic reactions and injury.
The National Vaccine Injury
Compensation Program (VICP),
created by Federal Code, exists
to give vaccine-injured people
a streamlined legal pathway to
seek compensation.
The program has been in
place since 1984, yet few are
aware of it, and Attorney Gary
Krochmal is working to change
that.
Krochmal is one of a small
percentage of Michigan attor-
neys who have been admitted
to the United States Court of
Federal Claims in Washington,
D.C. and is certified to repre-
sent victims against the United
States Department of Health
and Human Services through
this VICP program.
“The VICP is a no-fault alter-
native to traditional litigation
for resolving vaccine injury
claims and is liberally interpret-
ed in favor of the injured,” said
Krochmal. “The program moves
litigation away from suing
pharmaceutical companies
and doctors to suing the U.S.
Government, which is a faster
and less expensive pathway.”
THE IMPETUS BEHIND
THE VICP
In the 1980s, childhood vaccines
were questioned over potential
serious side effects. People
began filing lawsuits against
vaccine companies, doctors, and
nurses. Some vaccine compa-
nies discontinued producing
some vaccines, creating short-
ages. This led doctors, public
health organizations, vaccine
companies, and private citizens
to advocate for Congressional
laws to compensate those
injured by childhood vaccines.
Adults are now covered under
the VICP
.
In 2008, Krochmal
received a call from
a woman who said
her 3-year-old son
had died from com-
plications caused
by a pneumonia
vaccine. Krochmal
took the case, and
through the VICP
program, the mother was even-
tually compensated. He has
been representing clients injured
by vaccines ever since.
“I am a proponent of vac-
cines, but in the rare case where
something goes wrong, I want
people to know that this claim
process is available to them,”
said Krochmal. “Many doctors
aren’t even aware of it. I want
to educate those who may have
been injured or have a child who
may have been injured, on how
it relates to them.”
HOW IT WORKS
Injuries can either be caused
by the biology of the vaccine
reaction or the injection itself,
a SIRVA (shoulder injury relat-
ed to vaccine administration)
claim. To be eligible to file a
claim, the effects of the person’s
injury must have: 1) lasted for
more than 6 months after
symptom onset; or 2) resulted
in a hospital stay and surgery;
or 3) resulted in death.
If the Claimant’s condition is
listed on the program’s Vaccine
Injury Table, causation is pre-
sumed. The table lists illnesses,
disabilities, inju-
ries, and condi-
tions covered by
the program. If
the conditions
are not included
on the Table, they
must then prove
causation by a
covered vaccine.
COVID VACCINES ARE NOT
COVERED UNDER THE VICP
.
BUT THEY MAY BE IN THE
FUTURE FOR VACCINATIONS
GIVEN IN THE PAST. So
Krochmal is keeping a list of
potential claimants in case that
happens. Certain time limits
will apply.
A claim must be filed by or on
behalf of the individual thought
to be injured by a vaccine cov-
ered by the VICP
. A claim is
started by filing a Petition to
request compensation under
the VICP in the U.S. Court of
Federal Claims in Washington
D.C. The claim is defended by
the Department of Justice. If
compensation is awarded, the
Claimant receives the full award.
The lawyer must then Petition
for the lawyer’s own fees and
costs.
“I have been representing
clients under the VICP for over
15 years,” said Krochmal. “The
average claim takes two to three
years. Again, it’s designed to
favor the Petitioner and, in my
experience, this has been the
case.”
Krochmal is past Chair
of the Oakland County Bar
Association Medical/Legal
Committee and its Circuit Court
Committee. He has argued
cases in the Michigan Supreme
Court, the Michigan Court of
Appeals, and the Federal Court
of Appeals. He has litigated in
many counties across Michigan
and many states across the
country. He is also one of two
Michigan attorneys belonging to
the Vaccine Injured Petitioners
Bar Association. Krochmal is
a member of the State Bar of
Michigan, the Oakland County
Bar Association, Michigan and
several national Plaintiff’s bar
associations, and the Court of
Federal Claims Bar Association
in Washington, D.C. He also
specializes in general negligence
(auto, premises liability) and
medical malpractice cases.
If you or a child has suffered
injury from a vaccine, you can
contact Attorney Krochmal for
a no-cost consultation on how
this program may apply to you.
In closing, Krochmal says,
“I’ve been litigating in Michigan
for over 50 years, and I feel
strongly about advocating for
this course of action for those
who have been injured by a vac-
cine or vaccination.”
GARY A. KROCHMAL, PLLC
ATTORNEY & COUNSELOR
30300 Northwestern Highway, Suite 114
Farmington Hills, MI 48334
248-932-0100
Gkrochmal@krochmallaw.com
www.krochmallaw.com
SPONSORED BY GARY A. KROCHMAL, PLLC — ATTORNEY & COUNSELOR
The
Vaccine Injury
Compensation
Program