Skin diseases, vasculitis and polyneuropathy: Cologne Regional Court must hold a new trial.
The Higher Regional Court of Cologne has overturned a dismissal of the claim by the Regional Court of Cologne in a lawsuit brought by a plaintiff against BioNTech for vaccine injury. Rogert & Ulbrich represents the plaintiff.
The case
The plaintiff received three vaccinations with Comirnaty. She claims to be suffering from, among other things, skin inflammation, chronic urticaria, vasculitis, polyneuropathy, rapid heartbeat, and concentration problems. The Cologne Regional Court pointed to other possible causes, such as an autoimmune disease, and dismissed the claim.
The decision
The Higher Regional Court of Cologne overturned the judgment (5 U 74/25). The Regional Court had clearly imposed excessive requirements on the plaintiff's presentation of the case. The plaintiff was not required to elaborate on possible alternative causes because she possesses no medical expertise and is not required to acquire any. The judgment generally states:
- 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 74/25) can be downloaded here: Judgment 5 U 74/25 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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