Around 65 million people in Germany have received Covid-19 vaccinations, with a minority experiencing severe side effects. Legal expert Lutz Böttger notes the difficulty in linking injuries to vaccines for successful claims against manufacturers or the government. Compensation can be pursued through civil lawsuits or state benefits, with the latter covering medical expenses and pensions based on injury severity. Recognized complications include myocarditis and thrombosis, while compensation amounts vary significantly.
Overview of Vaccine Injuries in Germany
Approximately 65 million residents in Germany have received Covid-19 vaccinations. While the majority have experienced no significant issues, a minority reports severe and sometimes lasting injuries. As a result, some individuals are seeking legal recourse but encounter considerable challenges.
The Legal Landscape for Vaccine Injury Claims
According to legal expert Lutz Böttger, many claims against vaccine manufacturers and the government struggle to establish a clear link between the vaccine and the reported injuries. For a successful claim, the damage must be directly attributable to the vaccination process. Böttger, representing numerous clients in related court cases, highlights that brief expert opinions often conclude that the injuries are “not predominantly likely” caused by the vaccine, leading to case dismissals.
There are two primary avenues for seeking compensation for vaccine-related injuries:
1. Civil Lawsuit Against the Manufacturer
A vaccine manufacturer can only be held liable if the adverse effects outweigh the benefits, which is termed a ‘negative benefit-risk profile.’ This presents a significant challenge since courts often rely on established approval processes that assess the efficacy and risks of medications and vaccines.
Another factor for liability arises if the product’s packaging fails to adequately warn users of potential risks. However, gaining access to these approval documents is necessary for comparison, which may require an initial lawsuit for disclosure. Böttger suggests that the likelihood of success in such cases remains very low.
Establishing a causal relationship between the AstraZeneca vaccine and conditions like thrombosis with thrombocytopenia syndrome (TTS) is particularly complex, as existing studies do not support this connection.
However, recent admissions from AstraZeneca could alter this scenario. A newly released court document reveals that the company has acknowledged the vaccine’s potential to cause TTS in rare instances. This acknowledgment may bolster the cases of those affected, indicating that AstraZeneca would not have made such a statement without corresponding evidence.
Böttger recommends that individuals affected by vaccine side effects evaluate their claims and pursue them when appropriate, although he believes that lawsuits related to other vaccines may have limited chances of success.
2. State Benefits Application
Besides pursuing a civil lawsuit, individuals can seek compensation directly from the state. This compensation relates to benefits rather than pain and suffering and may include pension payments, medical treatment reimbursements, or survivor benefits, all contingent on the severity of the health issues caused by the vaccination.
The Infection Protection Act explicitly entitles those who suffer vaccine-related harm from officially recommended vaccinations to compensation. The application process involves submitting a ‘recognition of vaccine damage’ request followed by a ‘benefits application’ to the relevant state supply office.
Similar to civil proceedings, medical documentation from healthcare providers is required for the compensation review process. The supply office evaluates these documents to determine eligibility for compensation. Should an application be denied, affected individuals can appeal to a social court. The health office can assist in initiating this compensation process, while the RKI and PEI are not involved.
Recognized vaccine complications include myocarditis, sinus vein thrombosis, and Guillain-Barré syndrome, with some cases leading to fatalities.
Compensation Amounts for Successful Claims
The compensation amount varies significantly based on the extent of the injury and its health and economic impacts. Reports indicate that affected individuals may receive a lifelong monthly pension ranging from 164 to 854 euros, contingent on the degree of damage. Additionally, the state may cover necessary medical expenses and provide compensation for work-related injuries.