Complaint in Koblenz unsuccessful: No compensation for alleged vaccine damage
The woman was vaccinated for the first time at the end of August 2021 and for the second time at the end of September 2021. She stated that she had suffered from strong headaches and dizziness a few days after the first vaccination, and her symptoms had worsened after the second one. She was now less resilient, ran unsteadily, and was prone to falling.
Biontech demanded compensation of 100,000 Euro from her. The Mainz District Court dismissed her lawsuit in November of the previous year. The woman then appealed to the Higher Regional Court. However, she was unsuccessful there as well.
The Koblenz Court was convinced by the documentation from the European Medicines Agency and the Paul-Ehrlich-Institute of the positive risk-benefit ratio of the vaccine. There is no 100% protection, but it was never promised, the court declared. The benefits far outweigh the risks.
The vaccine was also correctly labeled. The legally relevant product information was correct and up-to-date according to the latest medical knowledge, and they were freely accessible. The woman had provided no evidence that the vaccination had caused symptoms, the court ruled, according to the already fallen judgment on Wednesday.
The Higher Regional Court referred the revision to the Federal Court of Justice. The plaintiff could therefore still appeal the Koblenz judgment to the Federal Court of Justice for review.
The woman, disheartened by the ruling, expressed her lament to the Higher Regional Court in Koblenz following her dismissed compensation claim at the Mainz District Court. Despite BioNTech seeking compensation of 100,000 Euro, the woman's case was not successful in either court. The Coronavirus vaccine produced by BioNTech was found to have a positive risk-benefit ratio by the Koblenz Court, citing evidence from the European Medicines Agency and the Paul-Ehrlich-Institute. Ms. X, the plaintiff, was unable to provide sufficient evidence to prove that the vaccine caused her symptoms, according to the court's judgment. With the option to appeal the Koblenz judgment to the Federal Court of Justice still available, we wait to see if Ms. X will file a vaccine damage compensation claim further.
