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The Federal Court of Justice in Germany has determined that medical professionals who administer Covid-19 vaccines are not personally liable for any potential adverse effects resulting from the immunization. According to the ruling, legal responsibility in cases of alleged vaccine-related injuries lies with the state rather than with individual healthcare providers.
The case that prompted this landmark decision involved a man who developed a heart condition after receiving a coronavirus vaccine in late 2021. He pursued legal action against his physician, seeking compensation for pain and suffering, asserting that the vaccination was improperly administered and that he was not adequately informed about possible side effects. He further claimed that his resulting health issues rendered him unable to work and caused significant psychological distress. The plaintiff sought at least 800,000 euros in damages.
Lower courts had already dismissed his claims, reasoning that the physician administered the vaccine while acting in an official capacity as a state-appointed agent. Both the District Court in Dortmund and the Higher Regional Court in Hamm concluded that, under these circumstances, the physician was exercising governmental authority, meaning any liability would be attributed to the state rather than the individual doctor.
Following these decisions, the Federal Court of Justice upheld the lower court rulings. The judges found that in the context of the national vaccination program against Covid-19, medical professionals function in an official capacity, making them analogous to civil servants for the purposes of liability. Therefore, any lawsuits relating to alleged vaccine injuries or insufficient patient information must be directed toward federal or state authorities, not the administering doctors themselves.
This outcome clarifies the legal framework surrounding liability for Covid-19 vaccinations in Germany. The courts did not rule on whether the man's heart condition was directly caused by the vaccine, as the case focused exclusively on the question of who bears legal responsibility for any such injuries. The Federal Court emphasized that the resolution of liability was the central issue, with the specific medical circumstances remaining unexamined.
The decision is expected to serve as guidance for similar cases in which individuals allege harm from government-led vaccination campaigns. It establishes that, under current German law, the state is accountable for potential adverse effects linked to officially sanctioned immunizations, provided the healthcare professionals involved have complied with established procedures and regulations. Individuals seeking compensation for injuries claimed to have resulted from Covid-19 vaccines must therefore pursue their claims against government entities, not the healthcare providers administering the shots.
This legal clarification is anticipated to impact numerous pending and future cases regarding vaccine injury claims arising from the Covid-19 immunization effort. It underscores the state's role in public health initiatives and provides reassurance to medical professionals participating in large-scale vaccination campaigns that they are not personally exposed to liability when acting within the scope of official duties.
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Health Insurance in Germany is compulsory and sometimes complicated, not to mention expensive. As an expat, you are required to navigate this landscape within weeks of arriving, so check our FAQ on PKV. For our guide on resources and access to agents who can give you a competitive quote, try our PKV Cost comparison tool.
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