Skip to content

Judgment: No liability for vaccinators regarding inadequate pre-vaccination coronavirus information provided.

In the event of errors in information presented prior to a COVID-19 vaccination, it's the state alone that may be held accountable, while vaccinators or doctors are not responsibile. This judgement was made by the Stuttgart Higher Regional Court on Tuesday, marking the first higher court ruling...

Corona vaccination in Berlin 2022
Corona vaccination in Berlin 2022

Judgment: No liability for vaccinators regarding inadequate pre-vaccination coronavirus information provided.

A lady, who alleges to have experienced health issues post-Coronavirus vaccine injection, has filed a lawsuit against the medical professional who provided the shot. She demands a reimbursement of at least 50,000 Euros as compensation for the damages and distress. Yet, her attempts have been unsuccessful so far.

The claimant was a worker at a nursing home in Heilbronn, Baden-Württemberg, and received vaccinations there from a mobile vaccination team in January and February 2021. Beforehand, she was presented with informational material and completed it. A consultation with the doctor wasn't required.

According to the court, the claimant was diagnosed with a mild, one-sided paralysis impairing her mobility, shortly following the second vaccination. The possibility of a reaction to the vaccine was suggested. The claimant insisted that she is now incapable of resuming work as a result. She argued that if she had been properly informed, she wouldn't have agreed to the vaccine.

The Heilbronn District Court declined the claim. The Higher Regional Court upheld this decision. The main emphasis wasn't on whether the claimant had been adequately informed. The court did not rule on this matter. Instead, it determined that the vaccinating doctor could not be considered the defendant in potential damage claims.

Since the federal and state governments encouraged the population to get vaccinated, the vaccinating doctor was performing a sovereign duty. In such situations, only the state can be held responsible. The Higher Regional Court refused to entertain an appeal of its verdict. However, the claimant can still lodge a complaint, so the judgment is not yet legally enforceable.

Read also:

  1. Despite alleging health issues after receiving the Coronavirus vaccine in Heilbronn, the woman's lawsuit against the vaccinator for compensation has been unsuccessful so far.
  2. The Heilbronn District Court and the Higher Regional Court both agreed that the vaccinator could not be held responsible for any potential damages, as they were performing a sovereign duty during the Coronavirus vaccination campaign.
  3. The woman, who worked at a nursing home in Heilbronn, claimed that she suffered from a mild paralysis and could not return to work after receiving the Coronavirus vaccine, arguing that she was not adequately informed about its potential risks.
  4. Despite the court decisions, the woman has the option to lodge a complaint, as the judgment is not yet legally enforceable.

Comments

Latest