Top German court overturns ruling in coronavirus vaccine dispute

A German woman who lost hearing in one ear shortly after getting a coronavirus vaccine has won a partial victory at the country's highest civil court in a legal dispute surrounding the liability of vaccine manufacturers for medical consequences.

The Federal Court of Justice (BGH) on Monday said pharmaceutical company AstraZeneca could be legally obliged to provide clients with comprehensive information on its vaccine's effects and side effects.

The Karlsruhe-based BGH referred a decision on whether the woman is owed damages back to a lower court.

Plaintiff Pia Aksoy was vaccinated against Covid-19 in March 2021 with AstraZeneca's Vaxzevria vaccine. Since then, she has been unable to hear in one ear.

The dentist from Mainz is certain that the vaccination was the cause of her hearing loss and is demanding information and damages from AstraZeneca.

However, her lawsuit was unsuccessful in lower courts. The Higher Regional Court (OLG) in Koblenz pointed out that, according to the European Medicines Agency, the vaccine had a positive risk-benefit ratio.

But the BGH overturned the Koblenz ruling on appeal, arguing it had set excessive requirements for the right to information.

The plaintiff's claim for damages must be re-examined, according to the BGH.

"It cannot be ruled out that, if the defendant is ordered to provide information, the plaintiff may be able to present further facts to substantiate her claims for damages," the court added.