A woman says she has been suffering from upper body pain, swelling in her extremities, exhaustion, fatigue and difficulty sleeping since being vaccinated against the coronavirus.
German biotechnology company Biontech is set to face the first civil lawsuit in Hamburg on Monday over alleged damages caused by its Comirnaty coronavirus vaccine. A plaintiff is demanding compensation for pain and suffering of at least 150,000 euros because of suspected damage caused by vaccination, the Hamburg Regional Court has announced.
The woman, who does not want to be identified, says she has been suffering from upper body pain, swelling in her extremities, exhaustion, fatigue and sleep disturbances since her Covid-19 vaccination. Biontech rejects the allegations. “We have carefully examined the health concerns described by the plaintiff based on all the information provided and have come to the conclusion that the claim is unfounded,” the Mainz-based company said.
Hundreds of lawsuits expected in Germany
In the coming weeks and months, there will potentially be hundreds of lawsuits against various vaccine manufacturers in Germany. In addition to Biontech, manufacturers such as Moderna are also among the defendants. So far, his law firm has filed 250 court cases, said the plaintiff’s attorney, Tobias Ulbrich, of the law firm Rogert & Ulbrich. According to its own statements, the Caesar-Preller law firm represents 100 similar cases. The two law firms announced that the majority of plaintiffs in this area were represented by one of the two law firms.
In Germany, drug or vaccine manufacturers are legally liable for side effects if it is scientifically proven that the products in question cause disproportionate harm compared to their benefit. That’s exactly what must be presented in court, Ulbrich said.
Specifically, he wants to challenge the German and European Union (EU) authorities’ assessment that Biontech’s vaccination has a positive risk-benefit profile. For this purpose, expert opinions will be presented that call into question the life-saving effect and the positive evaluation of the safety of the vaccination campaign. He doesn’t expect a decision next week, Ulbrich said. The purpose of the oral hearing was, among other things, to discuss the legal situation.
Presumably avoidable compensation payments
Biontech explained that the cases examined by the company so far involve health problems, which are possible known side effects specified in the product information and instructions for use – mainly temporary reactions to the vaccination, such as headaches or fever. Or it could be a matter of health issues for which no vaccine-associated connection has yet been established according to the current state of science and in exchange with the responsible authorities.
Even if Biontech loses in court, the company could probably avoid paying damages. According to several insiders, vaccine makers agreed with the EU early on in the pandemic that EU states, not them, would pay financial compensation for possible side effects. Biontech and Pfizer, which are collaborating to manufacture the Comirnaty vaccine outside of China, are also among those companies, according to insider information. It is not yet clear whether the outstanding costs should be fully or partially covered.
After a Comirnaty vaccination, there is a very rare risk of inflammation of the heart muscle (myocarditis) and pericarditis (pericarditis), especially in young men, found the European Medicines Agency (EMA). The EMA has confirmed the benefits of all corona vaccines it has approved, including the Biontech-Pfizer preparation. In the first year of the pandemic, an estimated 20 million lives were saved worldwide by corona vaccines.
(APA/dpa)