By Marion Helmes
Vaccine manufacturer Biontech in court! The accusation: damage to health from the corona vaccine!
The plaintiff is a doctor from Hamburg. She suffers from upper body pain, swelling of the extremities, exhaustion, and insomnia. Lawyer Tobias Ulbrich (51) to BILD: “It is a cardiac arrhythmia, shortness of breath, an autoimmune disease.” The claim: 150,000 euros in damages plus damages!
The public hearing before the district court of Hamburg is the first of its kind in Germany. More than 200 lawsuits are pending nationwide. They are directed against all four major manufacturers of corona vaccines.
In these civil lawsuits, a claim is to be asserted with reference to Section 84 of the Medicines Act, the so-called strict liability.
“This is possible if the vaccine, when used as intended, has harmful effects that go beyond an acceptable level,” explains medical lawyer Dr. Britta Konradt (61). Claims for care, on the other hand, can be asserted by those affected by the Infection Protection Act before social courts.
Diffuse symptoms, unclear cause
“I consider it extremely difficult to meet the requirement to prove that the harmful effects ‘exceed the tolerable level’,” says Konradt. This is also due to the fact that there is no reliable data basis because reports of serious side effects were not or only insufficiently recorded.
Ultimately, the plaintiff must prove that it is a question of vaccination damage. “Those affected often suffer from autoimmune diseases, the causes of which are generally not entirely clear. That makes it even more difficult.”
Tobias Ulbrich sees it differently: “According to drug law, paragraph 84 II AMG, the opponent must explain and prove that his vaccine has not contributed to this damage.”
Biontech itself explains that it takes all existing cases very seriously and examines them in detail. This is about “health impairments for which no vaccine-associated connection has been determined according to the state of the art and in exchange with the responsible authorities,” a spokeswoman told BILD. All of the information provided by the plaintiff was carefully examined and it was concluded that the lawsuit was unfounded.
“It’s going to be a long, rocky road,” says lawyer Joachim Caesar-Preller (60). He also represents those affected and considers it problematic that demands were countered even before the vaccines were introduced. With a legal ordinance, the eligibility requirements for vaccination victims have been significantly increased. “In 2020, before the vaccines came onto the market, the manufacturers fought for an assumption of liability,” says Preller.
In many cases, they are only liable if they acted with gross negligence or even caused damage intentionally. In addition, the EU has an obligation to compensate: if the manufacturer actually has to pay compensation, he can get the money back from the state.
Who is the lawyer?
The plaintiff in the Hamburg trial, like many others affected, is represented by the Düsseldorf lawyer Tobias Ulbrich (51). According to information on the homepage of his law firm Rogert & Ulbrich, he is not a medical lawyer, but a specialist lawyer for transport and forwarding law and an expert in aviation and corporate law.
Ulbrich is best known for his role in the diesel emissions scandal. Most recently, he had repeatedly attracted public attention because of his proximity to the so-called lateral thinker milieu. On his Twitter account he writes, among other things, about “forced administration of gene therapy drugs, popularly known as #vaccination” or describes mRNA vaccines as “bioweapons”.