Partial judgment: Right to information pursuant to Section 84a of the German Medicines Act (AMG) in the case of diagnosed post-vac syndrome
The Kassel Regional Court has ordered BioNTech Manufacturing GmbH, in a partial judgment, to provide a woman injured by a vaccine with information about the known effects and side effects of Comirnaty. Rogert & Ulbrich represents the plaintiff.
The case
The plaintiff was diagnosed with post-vaccination syndrome after receiving the Comirnaty vaccine at the University Hospital of Giessen and Marburg. The social welfare office determined a disability rating of 30%, partly for this reason. She is demanding information, compensation, and a declaratory judgment regarding the manufacturer's liability from them.
The decision
The court has ruled on the request for information in advance (8 O 1796/22). The key points:
- Plausibility is sufficient: The plaintiff does not have to prove that the vaccine caused the damage. It is sufficient that causation appears seriously possible.
- The evidence is convincing: The diagnosis, degree of disability and the plaintiff's description of her health before and after vaccination justify this assumption.
- Comprehensive information: BioNTech must provide information on all known effects, side effects and interactions since December 21, 2020, not just on the plaintiff's medical condition.
- Just the facts: The court rejected a list of individual questions because it focused on evaluations rather than facts.
The court will decide on damages and compensation for pain and suffering at a later date. The partial judgment is provisionally enforceable upon provision of security.
Rogert & Ulbrich – Your lawyers for vaccine injuries
Rogert & Ulbrich represents vaccine victims nationwide against vaccine manufacturers and Legal expenses insurers. The partners Dr. Marco Rogert and Tobias Ulbrich Numerous proceedings are conducted under the Medicines Act, ranging from requests for information to appeals.
Have you been diagnosed with post-vaccination syndrome after receiving a vaccination? Take contact and secure your claims.
