Legal expenses insurer must cover lawsuit against BioNTech regarding fatigue syndrome
The Higher Regional Court of Karlsruhe has ordered Zurich Legal Protection to provide coverage to a vaccine victim for his claim for damages against the manufacturer of Comirnaty. Rogert & Ulbrich represented the insured.
The case
The plaintiff is co-insured under his wife's legal expenses insurance. Since the vaccination, he has suffered from, among other things, persistent fatigue, weakness, concentration problems, and insomnia, and intends to claim €100,000 in damages from the manufacturer. The insurer refused coverage due to a lack of prospects of success. The Mosbach Regional Court granted the plaintiff's claim for coverage.
The decision
The Higher Regional Court of Karlsruhe dismissed the insurer's appeal (12 U 141/24). The key points:
- Generous scale: Sufficient prospects of success exist if winning is just as likely as losing.
- Difficult questions of fact: Whether the presumption of causality under Section 84 Paragraph 2 of the German Medicines Act (AMG) applies to the fatigue syndrome is a difficult question of fact. It belongs in the proceedings against the manufacturer, not in the dispute with the insurer.
- Temporal context: The plaintiff stated that the symptoms began a few days after the vaccination and named witnesses to support this claim.
- Co-insured persons entitled to bring legal action: The co-insured husband was allowed to assert the claim himself.
For other complaints, such as increased susceptibility to infection, the court saw little chance of success. However, the fact that the claim regarding the fatigue syndrome was deemed promising was sufficient for coverage.
The full text of the judgment
The full text of the decision of the Higher Regional Court of Karlsruhe (case no. 12 U 141/24) can be downloaded here: Judgment 12 U 141/24 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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