Judgments Against Vaccine Injury Claims Continue in German Courts
In yet another judgment, the Rottweil Regional Court joined the chorus of courts rejecting vaccine harm claims, particularly related to coronavirus vaccinations. The legal action was initiated by a 58-year-old man, who claimed that Biontech was responsible for his near-total blindness in the right eye due to a coronavirus vaccination. The man demanded 150,000 euros in compensation and a declaration acknowledging future damages compensation. The court gave the plaintiff one month to file an appeal.
This occurrence is not an isolated incident in Germany. In some instances, damage claims have already been dismissed in the initial stages, while other cases are still pending.
The court established that a vaccine manufacturer could only be held liable for harmful side effects exceeding the overall benefit of the medication. Moreover, the product's package insert must insufficiently warn of the hazardous consequences for liability to arise. The court did not find either requirement to be met in this case.
Recently, the Düsseldorf Regional Court also ruled against similar claims for damages and suffering compensation against Biontech and AstraZeneca for alleged vaccine-related harm caused by coronavirus vaccinations as unfounded.
Although specific numbers on how frequently such claims are dismissed are not available, it is crucial to consider that, in principle, liability rules for COVID-19 vaccines mirror those of other medications, such as under the German Drug Law or the Product Liability Act. The manufacturer is accountable for any production errors. In the context of EU procurement, it was agreed that, except in specific instances, respective member states would cover the manufacturer's compensation and legal fees in case of successful claims.
Nonetheless, there is another way for those impacted to pursue potential compensation. This involves appealing to the pension office of their respective federal state, which determines entitlement to state benefits due to vaccination harm. Benefits may include pension payments based on the extent of health damage, medical care, or survivors' benefits. Thousands of claims for such benefits related to coronavirus vaccinations have been submitted nationally, with several hundred people granted pension claims.
Underlying vaccine injuries, although rare, include myo-/pericarditis, sinus vein thrombosis, facial paralysis, Guillain-Barré syndrome, and tinnitus. "Serious adverse reactions" encompass fatal or life-threatening consequences, hospitalization, permanent disability, injury, congenital anomalies, or birth defects, as defined in the German Medicines Act.
As of March, the Paul-Ehrlich-Institut reported over 340,000 reports of potential vaccine adverse reactions or complications following COVID-19 vaccines. It is essential to reiterate that these numbers do not indicate confirmation of these suspicions.
In summary, vaccine injury claims related to COVID-19 vaccines are often dismissed in German courts, as liability rules for medications primarily remain the same. However, for individuals affected by such incidents, there is still the option of seeking compensation through state pension offices. It is essential to remember that while recognized vaccine side effects are uncommon, serious adverse reactions can occur.
Additional Information
While the provided sources do not directly address the question about the frequency of dismissing vaccine damage claims in German courts, the data suggests that claims are frequently dismissed in various countries, particularly in the first instance.
- German Liability Rules for Vaccines: Liability rules for vaccines in Germany are similar to those for other medications, with the manufacturer responsible for any production errors. In the context of EU procurement for COVID-19 vaccines, specific member states agreed to cover the manufacturers' compensation and legal costs in the event of successful claims.
- Recognized Vaccine Side Effects: Although recognized vaccine side effects are rare, they can be serious, including heart diseases, sinus vein thrombosis, facial paralysis, Guillain-Barré syndrome, and tinnitus. These side effects are considered "serious adverse reactions" in the German Medicines Act.
- Number of Reported Cases: The Paul-Ehrlich-Institut reported over 340,000 suspected cases of adverse reactions or complications related to COVID-19 vaccines as of March. However, it is necessary to emphasize that confirmation of these dubious cases has not been established.
As the sources do not provide specific data on the dismissal rate of vaccine damage claims in German courts, this information should be obtained from recent judicial decisions or statistical reports from German courts for accurate and up-to-date information.
