The German biotech company Biontech must be sued for the first time in Hamburg on Monday over alleged damage caused by its corona vaccine Comirnaty. A plaintiff is claiming compensation for pain and suffering of at least 150,000 euros due to suspected vaccine damage, the Hamburg regional court announced.
The woman, who does not want to be named, says she has suffered from upper body pain, swelling of the limbs, exhaustion, fatigue and sleep disturbances since the Covid 19 vaccination. Biontech rejects the allegations. “We have carefully investigated the health problems described by the plaintiff based on all information provided and have concluded that the lawsuit is without merit,” the Mainz-based company said.
Hundreds of lawsuits against vaccine manufacturers follow
There may be hundreds of such lawsuits against various vaccine manufacturers in Germany in the coming weeks and months. In addition to Biontech, the suspects also include manufacturers such as Moderna. To date, his law firm has filed 250 lawsuits in court, said plaintiff’s attorney Tobias Ulbrich of the Rogert & Ulbrich law firm. The Caesar-Preller law firm claims to represent 100 similar cases. The two law firms disclosed 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 affected products cause disproportionate harm compared to their benefit. This is exactly what should be presented in court, Ulbrich said.
Specifically, he wants to challenge the assessment of the German authorities and the European Union (EU) that the Biontech vaccination has a positive risk-benefit profile. To this end, expert judgments that cast doubt on the life-saving effect and positive safety assessment of the vaccination campaign must be submitted. He does not expect a decision in the coming week, Ulbrich said. One of the purposes of the oral hearing was to discuss the legal situation.
Does Biontech avoid paying damages?
Biontech explained that the cases the company is investigating so far relate to health disorders, i.e. known possible side effects listed in the product information and instructions for use – mainly transient vaccination reactions such as headache or fever. Or it could be health restrictions for which no vaccine-associated relationship has been established to date according to the current state of science and in consultation with the responsible authorities.
Even if Biontech loses in court, the company probably wouldn’t have to pay damages. According to several insiders, vaccine manufacturers had agreed with the EU at the start of the pandemic that the EU states, not them, would pay for the 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 insiders. It remains unclear whether the ongoing costs should be covered in whole or in part.
20 million lives saved by vaccination
After a Comirnaty vaccination, there is a very rare risk of inflammation of the heart muscle (myocarditis) and inflammation of the pericardium (pericarditis), especially in young men, the European Medicines Agency (EMA) found. The EMA 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 worldwide were saved by corona vaccines.
Source: Krone
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