COVID-19 Vaccine Damage Lawsuit Advances to Subsequent Phase - Proceeding with the next phase of contention over a potential coronavirus vaccine's adverse effects
The Higher Regional Court (OLG) in Bamberg is currently in the next phase of a lawsuit against pharmaceutical giant AstraZeneca by a woman from Upper Franconia. The lawsuit, which was initially dismissed by the Regional Court of Hof in January 2023, is now entering its next phase in October.
The woman, who resides in Hof, Germany, received the COVID-19 vaccine "Vaxzevria" from AstraZeneca in March 2021. Shortly after, she suffered a bowel vein thrombosis, leading to a coma and the loss of part of her bowel. The woman had previously successfully requested information from AstraZeneca, requiring the company to provide documents on known effects and side effects of the vaccine.
The expert currently concludes that the possible side effect of a bowel vein thrombosis, as suffered by the plaintiff, was not known at the time the vaccine was put on the market. However, an expert hired by AstraZeneca has found no omission by the company in informing the public about its vaccine and possible side effects.
The woman's lawyer, Volker Loeschner, has raised objections to the expert opinion and applied for the expert to be heard. The court has emphasised that the outcome of the proceedings will be decided by the court and not the expert. The lawyers for the company have not raised any objections to the expert opinion, according to the court.
The appeal proceedings have been pending at the OLG in Bamberg since July 2023. An oral hearing is scheduled for October 27. The woman is seeking damages totaling at least €250,000, lost wages of €17,200, and up to €600,000 for future impairments from AstraZeneca.
A spokesperson for AstraZeneca declined to comment on the ongoing proceedings. The company has maintained that its vaccine is safe and effective, and that it provides comprehensive information about its product to regulators and the public.
As the case progresses, the court's evaluation of the evidence presented, including medical records, expert testimonies, and any relevant scientific studies, will be crucial in determining whether AstraZeneca is liable for the woman's injuries. Establishing a causal link between the vaccine and the injury is a major challenge, requiring demonstrating that the vaccine was more likely than not the cause of the injury. The scientific consensus on vaccine safety and efficacy can influence both expert opinions and court evaluations.
In many countries, there are specific legal frameworks or compensation programs for vaccine injuries. These programs may provide financial compensation for individuals who have been injured by vaccines. In Germany, the applicable laws and regulations would govern the case, as the country has a system of compensation for vaccine damages under certain conditions.
Without more specific details about the case, it's difficult to provide a precise status update or how expert opinions and court evaluations are influencing the case. If you have additional information or specific details about the lawsuit, insights could be offered on the case's current state and potential outcomes.
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