Myocarditis following Comirnaty: Aachen Regional Court must re-examine the case
The Higher Regional Court of Cologne has overturned the ruling of the Aachen Regional Court in a case concerning myocarditis following a COVID-19 vaccination. Rogert & Ulbrich represents the plaintiff.
The case
The plaintiff was vaccinated with Comirnaty in November and December 2021. Approximately ten to twelve days after the second vaccination, she experienced, according to her account, a racing heart, dizziness, and severe chest pressure. She was diagnosed with myocarditis in the hospital, followed by further hospital stays and rehabilitation. The myocarditis was recognized by the healthcare provider as a vaccine injury. Nevertheless, the Aachen Regional Court dismissed the civil suit.
The decision
The Higher Regional Court of Cologne overturned the judgment and remanded the case (5 U 126/24). The close temporal connection had been established. Whether the vaccination caused the myocarditis and whether the manufacturer is liable under the German Medicines Act must now be clarified with expert assistance. 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 126/24) can be downloaded here: Judgment 5 U 126/24 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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