On March 9, 2026, the Federal Court of Justice strengthened the legal position of people who suffered health damage after a Vaxzevria vaccination.
On March 9, 2026, the German Federal Court of Justice (Bundesgerichtshof) issued a landmark ruling on pharmaceutical liability following Vaxzevria vaccinations (Case No. VI ZR 335/24). The decision concerns the requirements for the right to information under Section 84a of the German Medicines Act (AMG) and the claim for damages under Section 84 AMG. Rogert & Ulbrich represent clients nationwide in vaccination injury claims and monitor this development in case law.
The facts: Sudden hearing loss three days after vaccination
A 40-year-old dentist was vaccinated with the COVID-19 vaccine Vaxzevria on March 5, 2021. Immediately after the vaccination, she noticed a tingling sensation in her left hand. Three days later, she experienced complete hearing loss in her right ear, accompanied by tinnitus, gait instability, and numbness. The university hospital diagnosed her with idiopathic sudden hearing loss. A recovery of her hearing is not expected.
The plaintiff asserted claims for information and damages against AstraZeneca, a pharmaceutical company. The Mainz Regional Court and the Koblenz Higher Regional Court dismissed the claim. The Federal Court of Justice overturned the appeal judgment and remanded the case.
Have you experienced health problems after receiving a Vaxzevria vaccination? Have your case reviewed before deadlines expire.
What the court decided
The court clarified several important points that apply to all those affected.
First: You don't have to prove that the vaccine caused your injury. It's enough if it's plausible – that is, comprehensible. The court explicitly stated that even if, at present, more evidence points against the vaccine as the cause than in favor of it, you can still request information.
Secondly, if the temporal relationship between vaccination and illness is close and no other cause can be proven, the law presumes that the vaccine was to blame. The manufacturer must then prove that something else was behind it – something concrete.
Thirdly: The doctors diagnosed the plaintiff with so-called "idiopathic sudden hearing loss." This only means that the cause has not been definitively established medically. The court clarifies: This is not proof that the vaccine was not to blame. It merely means that it cannot be said with certainty.
This is good news for everyone affected. Get in touch – we'll assess your individual situation.
What information can you request from the manufacturer?
Before claiming damages, one has the right to request information from the pharmaceutical company: What did the company know about the risks of the vaccine? What side effects were reported?
Previous courts have often restricted this right, ruling that information is only available about side effects that precisely match one's own medical condition. The Federal Court of Justice has now clearly stated: This is wrong. You can demand comprehensive information – about all known risks of the vaccine, including those affecting other patients. Only those who understand the bigger picture can assess whether a drug, overall, does more harm than good.
Do not sign any settlements or accept any rejections before you have asserted this right to information.
What about the official approval of the vaccine?
Vaxzevria was officially approved by the European Union. Many courts have used this as an argument: official approval means the vaccine is safe – and therefore no compensation can be claimed.
The Federal Court of Justice sees things differently. Admission is a decision based on the state of knowledge at the time. For a damages claim, what matters is what science knows today. And a court must determine this current state of knowledge through an independent expert – not by referring to old official assessments.
The Higher Regional Court of Koblenz had failed to do precisely that – and therefore its judgment was overturned.
If you feel that your procedure is based on outdated principles, have the decision reviewed.
What does that mean for you personally?
If you have become ill after receiving a vaxzevria vaccination and previously thought you had no legal recourse, you should have your situation reassessed. This is especially important if your doctor has classified the illness as "without a discernible cause," if a lawsuit has already been dismissed, or if you have not yet sought legal advice.
Important: There are deadlines for claims for damages. Anyone who was vaccinated in 2021 and learned of their injury early on should not wait any longer.
Read here the entire judgment.
Rogert & Ulbrich – Your lawyers for vaccine injury cases
Dr. Marco Rogert and Tobias Ulbrich specialize in claims for damages under the German Medicines Act. Since 2021, the law firm Rogert & Ulbrich has been representing individuals nationwide who have suffered health problems following a Vaxzevria vaccination and continuously monitors case law in this area.
Rogert & Ulbrich will examine whether and how a claim for information or compensation can be enforced on your behalf – both out of court and in court. In doing so, we collaborate with medical experts who assess the individual circumstances of your case.
Do you want to know if you are entitled to any benefits? Get in touch and secure your claims.