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The Federal Court of Justice (Bundesgerichtshof, BGH) in Karlsruhe has determined that physicians administering COVID-19 vaccines are not personally liable for any potential health complications that may arise from vaccination. This decision clarifies that any responsibility for possible errors during the vaccination process, such as inadequate information or treatment mistakes, rests with the state rather than individual medical practitioners.
This ruling follows a legal case in which a man sought compensation from his doctor after developing a heart condition diagnosed shortly after receiving a COVID-19 vaccination in late 2021. The claimant alleged that the vaccine was improperly administered and that he had not received sufficient information regarding the potential risks. As a result, he claimed to have suffered significant health and psychological impacts that affected his ability to work, demanding at least 800,000 euros in damages.
Earlier decisions from lower courts, including the Regional Court of Dortmund and the Higher Regional Court of Hamm, had already established that the doctor acted in an official capacity while administering the vaccine. This means her actions were considered those of a public official, making the state accountable for any liabilities connected to the vaccination process. The Federal Court of Justice has now upheld these previous rulings, rejecting the claimant's appeal.
According to the court, individuals who believe they have suffered harm as a result of COVID-19 vaccination must direct their claims against the federal government or respective regional authorities, not against the individual healthcare providers who performed the immunizations. The court emphasized that the primary issue at stake was not whether the claimant's health problems were conclusively linked to the vaccination, but rather clarifying the legal question of who is responsible for addressing such claims.
This decision is significant for both healthcare professionals and patients. For physicians, it offers legal protection when participating in public vaccination campaigns, as long as they fulfill their duties of care, including proper information and administration procedures. For those who suspect injury from vaccination, the ruling defines the appropriate legal channels for seeking compensation, ensuring claims are addressed at the governmental level.
The court's clarification ensures a consistent legal framework across Germany regarding liability for vaccination-related injuries, especially for large-scale public health measures such as the COVID-19 immunization drive. The ruling is expected to influence future legal proceedings involving claims of vaccine-related harm, reinforcing the state's role in assuming responsibility for health interventions carried out in the public interest.
While this case did not establish whether the claimant's health issues were directly caused by the COVID-19 vaccination, it underscores the distinction between personal liability of medical professionals and the broader obligations of the state in organizing and implementing public health initiatives. The judgment provides a clear legal pathway for individuals seeking redress, while supporting healthcare providers in their contribution to national immunization programs.
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