Vaccine Injury Claims Keep Stumbling in Courts
In a recent decision, the Rottweil Regional Court joined the chorus of courts dismissing claims of vaccine damage, specifically from coronavirus vaccinations. The suit, which was brought by a 58-year-old man, accused Biontech of causing near-total blindness in his right eye due to a coronavirus vaccination. The plaintiff sought 150,000 euros in compensation and a declaration that he would be compensated for all future damages. The court has given the plaintiff a month to appeal the decision.
This incident is not an isolated incident in Germany. In some cases, damages claims have already been dismissed at first instance, while other proceedings are still ongoing.
The court ruled that a vaccine manufacturer is only liable for harmful side effects if they exceed the overall benefit of the drug. Another prerequisite for liability is that the package leaflet of the medicine must not sufficiently warn about the harmful consequences. The court did not consider either requirement to be met.
Recently, the Düsseldorf Regional Court dismissed similar claims for damages and compensation for pain and suffering against two vaccine manufacturers, Biontech and Astrazeneca, due to alleged damage caused by coronavirus vaccinations as unfounded.
While we don't have specific data on how often these claims are dismissed, it's important to note that in principle, the liability rules for COVID-19 vaccines are the same as those for other medicinal products, such as under the German Drug Law or the Product Liability Act. The manufacturer can be held liable if there's a production error, for example. 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.
However, there's another way for those affected to hope for compensation. This is through the pension office of the respective federal state. They decide whether there's an entitlement to state benefits in the event of vaccination damage. 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, with several hundred people granted pension claims.
In the background, there are recognized vaccine injuries, including rare cases like myo-/pericarditis, sinus vein thrombosis, facial paralysis, Guillain-Barré syndrome, and 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.
As of March, the Paul-Ehrlich-Institut had received 340,282 reports of suspected cases of adverse reactions or vaccination complications following Covid-19 vaccines. However, it is important to note that these statistics do not indicate whether the suspicion was later confirmed.
In conclusion, vaccine damage claims due to COVID-19 vaccines are often dismissed in courts, and liability rules are the same as for other medicinal products. However, there's another way for affected individuals to seek compensation through state pension offices. It's crucial to remember that recognized vaccine injuries are rare, but serious adverse reactions can occur.
Sources:
Enrichment Data:
- Court Cases and Vaccine Damage: While the sources do not provide specific data on how often court cases related to vaccine damage claims are dismissed, the trend suggests that these claims are often dismissed, especially in the first instance.
- Regulatory Framework and Liability Rules: Vaccine manufacturers must follow strict guidelines and provide comprehensive safety data to support approval by regulatory agencies like the EMA. Manufacturers can be held liable if there are production errors. In the EU, it was agreed to cover manufacturers' compensation and legal costs in the event of successful claims.
- Recognized Vaccine Side Effects: While rare, recognized vaccine side effects include heart diseases, sinus vein thrombosis, facial paralysis, Guillain-Barré syndrome, and tinnitus. These side effects are considered "serious adverse reactions" under the German Medicines Act.
- Number of Reported Cases: As of March, the Paul-Ehrlich-Institut had received over 340,000 reports of suspected cases of adverse reactions or vaccination complications following COVID-19 vaccinations. However, it's important to note that these statistics do not indicate whether the suspicion was later confirmed.
