Corona vaccine damage is increasingly recognized and also negotiated in court. The problem of causality could trigger a “battle of experts”.
Frankfurt – In Germany, more than 180 lawsuits have been filed against the corona vaccine manufacturers for alleged vaccine damage. They are being sued for damages and pain and suffering. The first trial in this regard, which was supposed to take place at the end of April, has been postponed to July 7th. A woman had sued the manufacturer Biontech. She claims she suffered heart damage from the Covid-19 vaccination. The problem with the lawsuits is proving causality. In other words, whether the health damage is caused by the vaccination.
Corona vaccination damage: More than 185 lawsuits filed in Germany
Health Minister Karl Lauterbach (SPD) is now calling for more funding for research into possible corona vaccine damage. According to their own statements, two law firms in Düsseldorf and Wiesbaden represent 135 and 50 cases respectively. All four major manufacturers are affected by the lawsuits.
Each case is dealt with individually unless a settlement is reached. The negotiations will focus on causality – i.e. the question of whether there is a direct connection between the vaccination and the damage to health. Lawyers and physicians appreciate that this question will ultimately be decided by expert opinions. According to the Düsseldorf law firm, it had around 3,000 inquiries, which resulted in 810 mandates, which in turn resulted in 135 lawsuits. The Wiesbaden law firm reported 850 mandates and 50 lawsuits. Hundreds of cases were rejected as hopeless.
More than 180 lawsuits about possible corona vaccine damage – vaccine manufacturers react
In principle, the same liability rules apply to Covid-19 vaccines as to other medicinal products, for example under pharmaceutical law or the Product Liability Act. If there is a production error, the manufacturer can be held responsible. If the drug is administered incorrectly, the vaccinating person is again liable.
The Düsseldorf lawyer Tobias Ulbrich expects an “expert battle” – if the courts do not make a “deterrent judgment” right from the start. The manufacturer Biontech emphasized that “so far in none of the cases examined by Biontech has a causal connection between the described health impairments and the vaccination with Comirnaty been proven.”
However, a company spokeswoman added: “We take our responsibility as a vaccine manufacturer very seriously.” Biontech carefully examines each case in which claims are made against the company. However, the prerequisite is that sufficient documents are available. “When evaluating the case, we can rely solely on the medical facts to evaluate whether there is a causal relationship or not. Unfortunately, that is exactly what is often lacking.”
Complaints about vaccination damage – Serious vaccination consequences occur rarely or very rarely
“Serious side effects” are defined in Paragraph 4 of the Medicines Act – as vaccination consequences “that are fatal or life-threatening, require hospitalization or prolongation of hospitalization, lead to permanent or serious disability, disability, congenital anomalies or birth defects”. The term “post-vac” has become established for complaints that arise as a result of a vaccination. However, it is not medically defined.
The Paul Ehrlich Institute (PEI) regularly publishes “safety reports” listing serious vaccination complications. They all occur “rarely” (one case per 10,000 to 1,000 vaccinations) or “very rarely” (less than one case per 10,000 vaccinations), according to the PEI data:
- The heart disease myo-/pericarditis
- Sinus vein thrombosis occurring in the brain and other blood clots
- A facial paralysis
- A muscle weakness called Guillain-Barré Syndrome
- The hearing impairment tinnitus.
More than 300,000 suspected cases of vaccination complications and side effects
The most recent full safety report, which includes data up to the end of June 2022, listed 120 cases in which a “probable or possible causal link” was recognized between a death and the corona vaccination. According to the PEI, the number of deaths 30 days after a corona vaccination is no more frequent than would be expected on the statistical average. By the middle of last year, 323,684 suspected cases of side effects and vaccination complications had been reported to the institute.
Claims for benefits were granted for a few hundred people. According to research by Frankfurter Allgemeine Zeitung By mid-March 2023, 6,600 applications for benefits due to corona vaccination damage had been received in 13 of the 16 federal states. According to the research, the number of corona vaccination damages recognized by the pension offices was 284. Accordingly, in the 13 federal states mentioned, there is recognized corona vaccination damage for around 214,000 vaccinated people. (vk/dpa)
