Rejection too late: DEVK must cover lawsuit against Moderna for vaccine injury
The Higher Regional Court of Saarland ruled on February 4, 2026, that DEVK must provide legal protection for the plaintiff's claim for damages in court due to a vaccination injury. The insurer had rejected the coverage request too late.
The case
The plaintiff is co-insured under her husband's legal expenses insurance. She is claiming damages for a vaccination injury following a Spikevax vaccination and intends to demand €50,000 in compensation from the manufacturer, Moderna. Her coverage request was received by the insurer on November 2, 2022. The reasoned rejection arrived almost twelve weeks later.
The decision
The court dismissed the insurer's appeal (5 U 37/25). The key points:
- Immediate review: The insurer must notify the insurer of a rejection due to lack of prospects for success without delay. Two to three weeks is generally considered a reasonable timeframe.
- Failure to meet a deadline has consequences: Those who take significantly longer lose the argument of lack of prospects for success.
- Also for the lawsuit: The loss also applies to legal action in the first instance, because the coverage request clearly already referred to this.
The appeal was not admitted.
The full text of the judgment
The full text of the decision of the Saarland Higher Regional Court (case no. 5 U 37/25) can be downloaded here: Judgment 5 U 37/25 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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