BGH & Vaccine Damage: Manufacturer Liability Examined

by Grace Chen

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German Court Questions AstraZeneca’s Transparency in COVID-19 Vaccine Injury Claims

A landmark case is challenging the standards for vaccine injury compensation and access to information regarding potential COVID-19 vaccine side effects in Germany. The German Federal Court of Justice (BGH) heard arguments monday, case reference VI ZR 335/24, concerning a lawsuit brought against AstraZeneca by a woman alleging health problems following vaccination with the company’s Vaxzevria vaccine. A final decision is expected on March 9th, 2026.

Plaintiff Alleges Hearing Loss After Vaccination

The plaintiff, identified as Pia aksoy, received the AstraZeneca vaccine in March 2021.Shortly after, she was diagnosed with multiple health issues, including permanent hearing loss in one ear.”I’m just totally sure that the vaccination was the cause,” Aksoy stated during proceedings in Karlsruhe. A professional association has already recognized a link between her vaccination and the resulting damage.

Aksoy is seeking both financial compensation from AstraZeneca and greater transparency regarding the known effects and side effects of the Vaxzevria vaccine. Her initial claims were unsuccessful in lower courts, with the Higher Regional Court (OLG) of koblenz citing the European Medicines Agency’s assessment of a positive benefit-risk ratio for the vaccine.

BGH signals Potential Shift in Transparency Standards

However, the BGH hearing offered a glimmer of hope for Aksoy and potentially for others seeking redress. The presiding judge, Stephan Seiters, voiced concerns regarding the Koblenz court’s decision, suggesting they may have incorrectly persistent Aksoy’s entitlement to information.The BGH cautioned against setting overly stringent requirements for accessing data on vaccine side effects,emphasizing that a plausible connection between vaccination and harm should be sufficient.

According to reports from the hearing, the court indicated that if the denial of information access is overturned, the basis for rejecting the claim for damages could also be re-examined. The Senate even suggested the possibility of submitting the case to the European Court of Justice (ECJ) for a definitive ruling.

Broader Implications for Vaccine Litigation

This case arrives amidst a wave of similar legal challenges across germany.Recent rulings from lower courts have largely sided with vaccine manufacturers. for example:

  • The Regional Court (LG) of Kempten ruled against claims for damages against Biontech and AstraZeneca related to COVID-19 vaccination (BeckRS 2025, 7779).
  • The LG of Ingolstadt also dismissed a claim for damages stemming from adverse effects linked to the Comirnaty vaccine (BeckRS 2025,12982).
  • The LG of Bochum has awarded compensation for pain and suffering in connection with SARS-CoV-2 vaccinations, but the scope of these awards remains limited (BeckRS 2025, 7411).

“Today’s hearing gave me back a bit of faith in justice,” Aksoy said following the BGH hearing. “I had to wait until [the] BGH to get this justice.”

The BGH’s willingness to question the lower court’s reasoning signals a potential shift in the legal landscape surrounding COVID-19 vaccine liability and the rights of individuals to seek information about potential risks. The March 9th, 2026 decision will be closely watched by legal experts and those affected by adverse events fol

did you know?– Germany’s vaccine injury compensation law was updated in 2023 to streamline the process for claiming damages related to COVID-19 vaccines, but challenges remain.
Pro tip:– Individuals seeking compensation for vaccine injuries should document all medical treatments and maintain detailed records of their health history.
Reader question:– Can vaccine manufacturers be held liable for side effects

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