2023-08-27 14:33:30
Plaintiff lawyers who represent alleged victims of corona vaccine damage are now also suing the state for damages and pain and suffering. Attorney Christoph Hamann from the law firm Steinbock & Partner announced that the first lawsuits against the Federal Republic of Germany for official liability would be filed this Monday at the regional courts in Detmold and Gera.
The lawsuits are based on insufficient education in medical practices. Since the vaccinating doctors acted as service providers within the meaning of the coronavirus vaccination ordinance, the Federal Republic of Germany is responsible for their mistakes by way of official liability, according to the lawyer. The Federal Ministry of Health rejected an out-of-court settlement.
No doctor-patient conversation
The plaintiff before the Gera Regional Court is a 59-year-old woman who was vaccinated with the Comirnaty vaccine from the Mainz-based pharmaceutical company Biontech at the end of December 2021 in the practice of a general practitioner. The lawyer puts the value in dispute of the lawsuit at around 226,000 euros. In mid-January 2022, the client was hospitalized for sinus vein thrombosis. The hospital doctors reported a vaccination complication to the responsible authorities. According to the lawyer, the plaintiff was not properly informed about the risks of the vaccination, nor about the complications of so-called thromboembolic events, which were already known at the time. She still suffers from the consequences of sinus vein thrombosis, such as headaches and balance disorders. She is still unable to practice her job as a saleswoman.
In another lawsuit filed at the Detmold district court, a 37-year-old woman is demanding compensation for pain and suffering. The lawyer put the value in dispute of their lawsuit at around 31,000 euros. The plaintiff was vaccinated in February 2022 in the practice of a general practitioner with the Corona vaccine Spikevax from the American manufacturer Moderna. There was no doctor-patient conversation. In the same month there was a complete loss of body hair (alopecia universalis), from which the woman continues to suffer. A causal relationship between vaccination with the administered active substance and the occurrence of alopecia is described in the medical specialist literature.
Roughly speaking, claims from official liability exist when someone breaches an official duty that has the purpose of protecting third parties from damage. In addition, culpable misconduct must be present, which should be the cause of the damage to health suffered.
Katja Gelinsky, Berlin Published/Updated: , Recommendations: 9 A comment by Katja Gelinsky, Berlin Published/Updated: , Recommendations: 20 Carsten Knop and Sascha Zoske Published/Updated: , Recommendations: 40
There is basically no misconduct on the part of the vaccination staff if the patient suffers harm due to a general risk of the vaccination. It would be different if there were concrete indications that the vaccination entails an increased risk of serious side effects and vaccine damage.
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