Overview

• The Federal Court of Justice is set to decide whether vaccinating physicians acted in a public capacity during the pandemic, which would move claims from personal liability to state liability.
• The case stems from Björn Wetter of Hamm, who says he suffered severe heart damage after a Moderna booster on December 15, 2021, leading to hospital transfers and a period on the Eurotransplant list.
• Wetter reports his heart function is now about 32 percent and that he has been unable to work since the vaccination.
• Lower courts in Dortmund (July 2023) and Hamm (June 2024) dismissed his claims, with the higher regional court allowing an appeal to the BGH.
• The outcome could affect hundreds of similar claims nationwide, with Wetter seeking high six-figure damages and saying his six-figure legal and expert costs have so far been covered by his legal expenses insurer.