Biontech
Court dismisses lawsuit against vaccine manufacturer
According to the Civil Chamber, the plaintiff could not prove that the vaccination was the cause of her pulmonary embolism. photo
© Sebastian Gollnow/dpa
A woman suffers a bilateral pulmonary embolism – and blames her second corona vaccination for it. The court decides: Biontech does not have to pay any compensation for pain and suffering.
According to the Civil Chamber, the plaintiff was unable to prove that the vaccination was the cause of her pulmonary embolism. The woman also did not adequately explain the complaints caused by the alleged immune deficiency. The disease, which according to the court she called “V-Aids” (vaccine AIDS), was not scientifically and medically recognized.
According to the court, vaccine manufacturers are only liable if the harmful side effects of the drug exceed its benefits – i.e. go beyond an acceptable level. When Biontech’s vaccine was tested in detail before approval, the relationship between risk and benefit was clearly positive.
Other manufacturers also sued
This is not the first trial of its kind in Germany. Lawsuits alleging vaccine damage were also rejected in other courts. In addition to Biontech, other manufacturers were also sued for damages or compensation for pain and suffering.
In principle, the same liability rules apply to Covid-19 vaccines as to other medicines. The manufacturer can be held responsible if there is a production error or if possible harmful consequences were not adequately pointed out. There is a special feature when it comes to the assumption of costs: When procuring corona vaccines via the EU, it was agreed with the manufacturers that if the lawsuits were successful, the respective member states would cover the costs.
Those affected by vaccine damage can also contact the pension office in their federal state. The office decides whether there is a right to state care in the event of vaccine damage. This is about benefits such as pension payments or medical treatment, not about compensation for pain and suffering or damages.