Cognitive impairment and paralysis according to Comirnaty: Aachen Regional Court must hold a new trial.
The Higher Regional Court of Cologne has largely overturned a dismissal of the claim by the Aachen Regional Court in a vaccine injury lawsuit against BioNTech and remanded the case. Rogert & Ulbrich represents the plaintiff.
The case
The plaintiff received multiple vaccinations with Comirnaty. He claims that immediately after the second vaccination, he temporarily stopped moving his legs and has since suffered from, among other things, concentration and memory problems, shortness of breath, and exhaustion. A university hospital diagnosed him with a mild cognitive impairment. The Aachen Regional Court dismissed the lawsuit without an expert opinion.
The decision
The Higher Regional Court of Cologne found this to be a violation of the right to be heard (5 U 48/24). The temporal connection was sufficiently demonstrated by the statement of claim and the medical reports. Differing timeframes in a later expert opinion do not invalidate the argument. According to the judgment, the following generally applies:
- 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 remand does not yet decide whether the vaccination caused the symptoms. The Regional Court must now gather evidence, usually by means of 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 appeal was unsuccessful with regard to certain questions concerning the disclosure of information.
The full text of the judgment
The full text of the decision of the Higher Regional Court of Cologne (Case No. 5 U 48/24) can be downloaded here: Judgment 5 U 48/24 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.
Was your claim for vaccine injury dismissed without an expert opinion? Take contact and secure your claims.
