The Ravensburg Regional Court has issued a first positive partial judgment in which it ordered the defendant, Moderna, to provide information in accordance with Section 84a of the Medicines Act (AMG). However, the court decided not to extend the right to information to the benefit-risk ratio. The reason for this lies in the complexity of the question, as it is difficult to determine this ratio in the abstract. As a result, questions that are not relevant to the specific case but could be important for assessing the benefit-risk ratio would also have to be allowed.
The partial judgment therefore only covers the less harmful part of the application. At the same time, the plaintiff's lawyers were instructed to submit this legal question to the Stuttgart Higher Regional Court for review in isolation, as the Ravensburg Regional Court did not want to make a decision on this matter without further legal safeguards.
At the same time, an order for evidence to be taken was issued in the main proceedings in order to continue to advance the proceedings while the Stuttgart Higher Regional Court is clarifying the matter. Such orders for evidence have already been issued in other proceedings, for example before the Munich I, Munich II, Ellwangen, Cologne and Osnabrück Regional Courts.
What is new about this case is that the manufacturer was obliged to provide information about its own pharmacovigilance data, in particular about the specific damages related to the plaintiff and which the defendant has. It remains to be seen whether Moderna will provide this information voluntarily or whether an appeal will be lodged with the Stuttgart Higher Regional Court on this point as well.
It is regrettable that the request for an affidavit, which is provided for in the law, was not taken into account. This point will also be examined in the appeal court. Overall, however, the proceedings are already showing a different development than originally expected.
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