Titled "Court Brushes Away Claims of Coronavirus Vaccine Harm in Germany"
In a recent verdict, the Rottweil Regional Court dismissed a lawsuit accusing a coronavirus vaccine of causing harm. The 58-year-old plaintiff claimed damages worth 150,000 euros, attributing his vision issues and other ailments to the vaccine.
However, the court's verdict was not a sweeping endorsement of the vaccine's safety but rather a condemnation of the plaintiff's case. The justices felt that the claimant's arguments lacked substance. They complained of a reliance on unsubstantiated reports, internet opinions, and non-scientific doctor's testimonies.
Moreover, the court questioned the premise that the vaccine was inherently dangerous. The instructions for use provided by the manufacturer only stated that unknown side effects could not be ruled out with certainty. Consequently, the absence of irrefutable evidence led the court to dismiss the lawsuit without acknowledging the vaccine's harmlessness outright.
The plaintiff now has a month to appeal the ruling at the Stuttgart Higher Regional Court. However, it seems a formidable task given the court's strict assessment of the original case.
Insights
German law does not explicitly assign liability for side effects caused by coronavirus vaccines. Instead, the general principles of tort law and product liability govern. For instance, while vaccines are voluntary, their manufacturers can be held liable for defects or insufficient warning about potential side effects. In such instances, cases are viewed individually based on specific circumstances like medical evidence, negligence, and pre-existing conditions.
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