Coronavirus Vaccine Injury Claim Bitedust in Rottweil Court
In a recent ruling, the Rottweil Regional Court decided against a man who claimed that the coronavirus vaccine produced by Biontech caused him severe damage, including almost complete blindness in his right eye. The plaintiff, a 58-year-old man, is demanding a compensation of 150,000 euros and a declaration that he is entitled to further damages from the Mainz-based company. The court gave him one month to file an appeal.
This incident is not the first of its kind in Germany. Previously, lawsuits for vaccine damage have been dismissed in some instances, while others are still under examination.
The court mentioned that a vaccine manufacturer is only liable for any negative side effects if these exceed the overall benefits of the medication. Additionally, if the product leaflet does not adequately warn users about potential harmful consequences, then the manufacturer could also be held responsible. In the view of the court, neither of these conditions was met in this case.
Recently, the Düsseldorf Regional Court dismissed claims for damages and compensation for pain and suffering against two vaccine manufacturers alleging harm caused by coronavirus vaccinations. The Mainz-based Biontech was one of the accused companies. The Mainz Regional Court also dismissed a woman's lawsuit against Astrazeneca for potential coronavirus vaccination damage.
The liability rules for COVID-19 vaccines and other medication are similar in Germany. Manufacturers can be held liable for production errors, but proving a direct link between the vaccination and the damage is critical. In the case of coronavirus vaccines procured through the EU, manufacturers are generally responsible for any successful claims, except in special cases, with each member state covering the compensation and legal costs.
Vaccine Injuries and Reporting
Rare and very rare cases of vaccine injuries include heart disease, sinus vein thrombosis, facial paralysis, Guillain-Barré syndrome, and tinnitus. According to German law, serious adverse reactions are fatal or life-threatening, require inpatient treatment, lead to permanent or severe disability, result in birth defects or congenital anomalies.
By the end of March, the Paul-Ehrlich-Institut had received 340,282 reports of suspected adverse reactions to COVID-19 vaccines. However, it is important to note that these statistics do not necessarily indicate whether the suspicions were later confirmed. There were also 56,432 reports of suspected serious adverse reactions to COVID-19 vaccines, with 946 reports failing to specify the vaccine used.
Meanwhile, 192,208,062 COVID-19 vaccinations were administered in Germany, resulting in a reporting rate of 1.77 reports per 1000 vaccine doses.
Filing a Claim for Compensation
In addition to pursuing court proceedings, affected individuals can also turn to their respective pension offices for compensation. The pension office decides on entitlement to state benefits depending on the severity of the health damage. Payments can range from pension payments to medical treatment and survivor benefits.
Thousands of claims for benefits related to coronavirus vaccinations have been filed across Germany, with several hundred individuals receiving approval for these benefits.
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German liability rules for coronavirus vaccine manufacturers are largely based on product liability and COVID-19-specific regulations. Key points include:
- Product Liability: German law shields vaccine manufacturers and administrators from easy lawsuits over vaccine harm, requiring substantial evidence of negligence or defect.
- Regulatory Framework: Governments have implemented measures to assure vaccine safety and efficacy, such as a vaccine mandate for healthcare workers.
- Court Decisions: No reported German court decisions have ruled against vaccine manufacturers on liability for vaccine damage. Legal challenges have centered around public health measures.
- Administrative and Legal Challenges: The German government has faced various administrative and legal challenges, though these have not impacted the liability framework for vaccine manufacturers.
- Public Health Measures: Emphasis has been on implementing public health measures like vaccination mandates, testing requirements, and access restrictions for unvaccinated individuals.
