Dizziness, headaches and tinnitus after Comirnaty: Bonn Regional Court must rehear.
The Higher Regional Court of Cologne has overturned a ruling by the Bonn Regional Court dismissing a claim in a vaccine injury lawsuit brought by a plaintiff against BioNTech. Rogert & Ulbrich represents the plaintiff.
The case
The plaintiff received two vaccinations with Comirnaty in June and July 2021. According to her account, she experienced fever, severe dizziness, and headaches shortly after each vaccination; after the second vaccination, she also suffered from visual disturbances and hearing impairments. From September 2021 onward, the symptoms recurred intermittently. The Bonn Regional Court found no sufficiently demonstrated temporal connection between the symptoms and the symptoms.
The decision
The Higher Regional Court of Cologne overturned the judgment (5 U 123/24). The Regional Court had failed to grasp the core of the argument: it was not a case of different complaints at different times, but rather of a similar, episodic illness. Specific details regarding the state of health before the vaccination were not necessary for the argument to be considered conclusive. The general principle according to the judgment is:
- Moderate requirements: No medical expertise may be required of the injured party. A concrete account of the temporal connection is sufficient.
- Expert report required: The court may not assess medical issues without an expert.
- Admission does not replace the taking of evidence: The benefit-risk ratio is determined by the state of knowledge at the time of the last oral hearing.
- Preliminary information: The right to information under Section 84a of the German Medicines Act (AMG) may not be rejected solely because the court denies a claim for damages.
The referral back to the lower court does not yet establish whether the vaccination caused the symptoms. The regional court must now gather evidence, usually through a medical expert opinion. The Higher Regional Court of Cologne based its decision on the judgment of the Federal Court of Justice of March 9, 2026 (VI ZR 335/24). Leave to appeal was denied.
The full text of the judgment
The full text of the decision of the Higher Regional Court of Cologne (Case No. 5 U 123/24) can be downloaded here: Judgment 5 U 123/24 as PDF. Personal data has been redacted.
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.
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