Atrial fibrillation and thrombosis according to Comirnaty: New trial before the Aachen Regional Court
The Higher Regional Court of Cologne has overturned a ruling by the Aachen Regional Court that had dismissed a lawsuit filed by a woman injured by a vaccine against BioNTech without taking evidence. Rogert & Ulbrich represents the plaintiff.
The case
The plaintiff received four vaccinations. She claims that she subsequently suffered from, among other things, syncope and atrial fibrillation with dizziness and palpitations, as well as phlebitis and thrombosis in her leg. The Aachen Regional Court found her account insufficient.
The decision
The Higher Regional Court of Cologne saw things differently (5 U 99/24). The plaintiff had presented a chronological account, largely with dates, of which symptoms occurred after which vaccination. An obvious typographical error in one vaccination date and less precise descriptions elsewhere do not invalidate the presentation. According to the ruling, 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 99/24) can be downloaded here: Judgment 5 U 99/24 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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