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