Proving Causality of Vaccine Aftereffects Is Key
A wave of lawsuits filed by patients in Germany claiming aftereffects from COVID-19 vaccines against vaccine manufacturers has officially begun. With over 180 cases filed, the core issue has emerged as proving the causal relationship between the aftereffects and the vaccines. The outcome of the lawsuits in Germany is expected to significantly influence similar lawsuits in other countries, drawing considerable attention.
According to local German media including dpa news agency on the 12th (local time), at least 185 compensation lawsuits have been filed in German courts against COVID-19 vaccine manufacturers.
Three lawsuits scheduled for the first hearing early next month at the D?sseldorf court were filed by women against BioNTech Germany. The women who filed these lawsuits claimed damages ranging from 80,000 to 153,900 euros (approximately 116 million to 224 million KRW), stating they suffered from myocarditis, herpes-related diseases, lung diseases, and menstrual irregularities after receiving the Pfizer-BioNTech COVID-19 vaccine. Separate trials will be conducted for each case.
The key issue in this trial is proving the causal relationship between vaccination and the occurrence of aftereffects and damages. BioNTech, one of the defendants, stated, "Among the cases confirmed so far, there has been no evidence of a causal relationship between vaccination and the presented health abnormalities," adding, "We take our responsibility as a vaccine manufacturer seriously." Tobias Ulbrich, a lawyer at a D?sseldorf law firm, predicted, "It will be a war among experts."
So far, the German government has taken responsibility under the Infection Protection Act for side effects recognized as serious complications that may occur after COVID-19 vaccination. For a very limited number of side effects such as myocarditis following mRNA (messenger RNA) vaccination, the possibility of a causal relationship has already been proven, allowing patients who experienced such side effects to claim small-scale support funds from authorities.
By last month, related authorities in Germany’s 16 states had received 7,100 applications for support funds related to COVID-19 vaccine side effects. Of the 3,000 cases processed so far, support funds were paid out for 294 cases.
Depending on the outcome of this trial, related lawsuits are expected to increase significantly. Currently, at least 65 million people in Germany have received at least one dose of a COVID-19 vaccine. Globally, billions have been vaccinated, so if manufacturing errors by vaccine makers are proven, large-scale lawsuits are expected to arise worldwide.
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