Pandemic - Another court rejects a vaccine injury claim
The Rottweil Regional Court has dismissed a claim for alleged damage caused by a coronavirus vaccination. The lawsuit was brought by a 58-year-old man. He accuses the vaccine manufacturer Biontech of causing almost complete blindness in his right eye as a result of a coronavirus vaccination. The man is demanding 150,000 euros in compensation from the Mainz-based company and a declaration that he must be compensated for all further damages. The plaintiff has one month to appeal against Wednesday's ruling, as the regional court announced.
This is not the first case of its kind in Germany. In some cases, lawsuits have already been dismissed at first instance. Some proceedings have not yet been concluded.
According to the court, a vaccine manufacturer is only liable for harmful side effects if these exceed the overall benefit of the drug. The second prerequisite for liability would be if, for example, the package leaflet of the medicine did not sufficiently point out the harmful consequences. The Second Civil Chamber did not consider either requirement to be met.
Most recently, the Düsseldorf Regional Court dismissed claims for damages and compensation for pain and suffering against two vaccine manufacturers for alleged damage caused by coronavirus vaccinations as unfounded. Two women and one man had filed a lawsuit against the Mainz-based vaccine manufacturer Biontech. The Mainz Regional Court had also dismissed a woman's lawsuit against Astrazeneca for compensation for possible coronavirus vaccination damage.
In principle, the same liability rules apply to Covid-19 vaccines as to other medicinal products, for example under the German Drug Law or the Product Liability Act. The manufacturer can be held liable if there is a production error, for example. The important thing is: Can the damage be attributed to the vaccination? When the coronavirus vaccine was procured via the EU, it was agreed with the manufacturers that in the event of successful claims - except in special cases - the respective member states would cover the manufacturer's compensation and legal costs.
And there are recognized vaccine injuries. Rare and very rare cases include the heart disease myo-/pericarditis, sinus vein thrombosis occurring in the brain and other blood clots, facial paralysis, a muscle weakness called Guillain-Barré syndrome and the hearing impairment tinnitus. According to the German Medicines Act, "serious adverse reactions" are vaccination consequences "that are fatal or life-threatening, require inpatient treatment or prolongation of inpatient treatment, lead to permanent or serious disability, invalidity, congenital anomalies or birth defects".
By the end of March, the Paul-Ehrlich-Institut had received 340,282 reports of suspected cases of adverse reactions or vaccination complications following Covid-19 vaccines. Of these, 1949 cases did not specify which vaccine was used. In 56,432 cases, a suspected serious vaccination side effect was reported, 946 of which did not specify the vaccine. These statistics do not indicate whether the suspicion was later confirmed. At the same time, 192,208,062 Covid-19 vaccinations were administered in Germany, according to the Robert Koch Institute. The reporting rate for all vaccines approved in Germany was 1.77 reports per 1000 vaccine doses.
In addition to civil proceedings before the courts, there is another way for those affected to hope for compensation. This is via the pension office of the respective federal state. The office decides whether there is an entitlement to state benefits in the event of vaccination damage. This is a matter of pension benefits, not compensation for pain and suffering or damages. Benefits include pension payments depending on the severity of the health damage, medical treatment or survivors' benefits. Thousands of claims for benefits due to coronavirus vaccinations have been received nationwide so far. Several hundred people have been approved for benefits.
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- The Rottweil Regional Court has joined other German courts in dismissing a vaccine damage claim related to the Coronavirus vaccination.
- The plaintiff, a 58-year-old man from Rottweil, accused Biontech, based in Mainz, of causing his right eye's near-complete blindness due to a coronavirus vaccination.
- The Düsseldorf Regional Court recently dismissed three vaccine damage claims related to coronavirus vaccinations, including two against Biontech.
- The Rhineland-Palatinate Regional Court also dismissed a woman's lawsuit against Astrazeneca for potential coronavirus vaccination damage.
- Legal proceedings for vaccine damage claims due to COVID-19 vaccines follow the same liability rules as for other medicinal products in Germany.
- Baden-Württemberg's Biontech is not liable for the plaintiff's alleged side effects unless they exceed the drug's overall benefit or if the package leaflet inadequately warns about harmful consequences.
- The Paul-Ehrlich-Institut reported 56,432 suspected serious adverse reactions to Covid-19 vaccines in Germany as of March, with several thousand claims for benefits due to coronavirus vaccinations received nationwide.
- Affected individuals can also file vaccine damage claims through their respective pension offices in Germany, which decide on benefits based on the health damage's severity.
Source: www.stern.de
