A woman falls seriously ill after a corona vaccination. She demands high damages from the manufacturer. A court now wants to check whether the manufacturer has correctly informed about the vaccination.
In the process of suspected corona vaccine damage, the Higher Regional Court (OLG) in Bamberg raised doubts as to whether the manufacturer Astrazeneca had provided sufficient information about side effects. The civil lawsuit is one of the first against a corona vaccine manufacturer in Germany. The Senate is currently assuming that the plaintiff would not have been vaccinated with the Astrazeneca vaccine if the risk of intestinal vein thrombosis had been presented in the manufacturer’s technical information, the court announced on Monday. The court now wants to obtain an expert opinion. This is intended to clarify the question of “whether a representation in the technical information was required based on the scientific status at the time.”
A 33-year-old woman from Upper Franconia is suing the manufacturer for damages. In March 2021, she was vaccinated with the British-Swedish company’s Vaxzevria Covid-19 vaccine and then suffered what is known as intestinal vein thrombosis. She went into a coma and eventually had to have part of her intestines removed. The woman’s lawyer, Volker Loeschner, described the court’s decision on Monday as a stage victory. The decision also sends a signal to other proceedings that courts cannot decide on this topic without an expert opinion.
Lawyer speaks of stage victory
The Hof district court had previously dismissed the woman’s lawsuit because it could find neither a product error nor an information error in connection with the vaccine. The woman appealed against this. From Astrazeneca she demands at least 250,000 euros in damages and 17,200 euros for loss of earnings and up to 600,000 euros for future impairments. Astrazeneca’s lawyers have so far ruled out a settlement with the plaintiff, referring to the decision of the district court.
At the same time, the court made it clear on Monday that it currently does not see sufficient evidence of liability for “unacceptable harmful effects”. After the vaccine was approved, there should have been new knowledge that would have stood in the way of approval. However, the side effects cited by the plaintiff were already known and taken into account at the time of approval, it said.
Prioritized vaccination in spring 2021
The 33-year-old had worked in the IT department of the Diakonie before her serious illness and was given priority vaccination in spring 2021. In retrospect, she perceives that at least subliminal pressure was exerted to also perceive the vaccination, the woman said at the beginning of July at the beginning of the trial. With today’s knowledge, she would not have been vaccinated with the corona vaccine.
The day after the plaintiff’s vaccination, the first reports of thrombosis after vaccination with the substance from Astrazeneca became known, the court explained at the beginning of the trial. On March 19, 2021, vaccinations with the vaccine were therefore temporarily suspended. Later, the Standing Vaccination Commission (Stiko) only recommended the substance in Germany for people over 60 years of age.
That’s what Astrazeneca says
Before the trial, a spokeswoman for Astrazeneca said: “Our sympathy goes to those who have reported health problems.” Patient safety has the highest priority. In addition, regulators have strict standards to ensure the safe use of all drugs, including vaccines. “Drug regulators around the world have confirmed that the benefits of vaccination with our Covid-19 vaccine, Vaxzevria, outweigh the risks of the extremely rare potential side effects.”
The Paul Ehrlich Institute is responsible for the safety of vaccines in Germany. According to this, several vaccines against the corona virus are approved in the EU. The effectiveness of this has been scientifically proven.
Numerous lawsuits for damages against manufacturers of corona vaccines due to possible vaccination damage are pending in courts in Germany. A legally binding decision has not yet been announced, not even nationwide.
Source: Stern
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