Numbness and exhaustion after vaccination: Expert opinion instead of dismissal of lawsuit
The Higher Regional Court of Cologne has overturned a ruling by the Aachen Regional Court that had dismissed a lawsuit filed by a vaccine victim against BioNTech without an expert opinion. Rogert & Ulbrich represents the plaintiff.
The case
The plaintiff received one vaccination with Comirnaty and two further vaccinations with a different vaccine. He claims to be experiencing numbness, primarily in his right arm and leg, shortness of breath, and exhaustion. The regional court deemed the benefit-risk ratio of the vaccine positive due to its approval and also refused to provide further information.
The decision
The Higher Regional Court of Cologne overturned the judgment and remanded the case (5 U 84/25). Assessments from the licensing procedure do not replace an expert opinion, because the current state of knowledge is decisive. Whether a connection still exists eight months after the Comiment vaccination and in the presence of serious pre-existing conditions can only be determined by an expert. The general principle according to the judgment is:
- 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 84/25) can be downloaded here: Judgment 5 U 84/25 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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