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DOCTORS AS "VACCINE OFFICIALS" – Medical Liability for COVID Vaccine Injuries Does Not ApplyWith its ruling of October 9, 2025 – III ZR 180/24, the Federal Court of Justice (BGH) has etched in stone for judicial practice what several lower courts had already ruled: If a doctor administers a COVID-19 vaccination and makes mistakes (e.g., insufficient risk disclosure), it is not the doctor who is liable, but (exclusively) the state. 
The written reasoning for the judgment is not yet available. However, the main considerations that led the BGH to this ruling can be found in a press release: https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/DE/2025/2025185.html The line of reasoning is difficult for non-lawyers to follow. So first, a look at the legal basis: According to § 839 paragraph 1 sentence 1 of the German Civil Code (BGB), a civil servant is liable for damages if they violate an official duty. Building on this, Article 34 sentence 1 of the Basic Law (GG) states that the civil servant does not personally bear the liability: rather, the state assumes the liability. How does the BGH come to the conclusion that doctors are "civil servants"?One thing is indisputable: doctors in private practices and clinics have never been appointed as state officials. But the term "civil servant" is not to be understood in the status-related sense. Rather, jurisprudence has for decades shaped the concept of a civil servant in terms of liability:A civil servant in terms of liability also includes private individuals who assist the public sector in fulfilling its tasks. For example, if a tow truck operator removes a wrongly parked car on behalf of the police and accidentally damages it, they have helped the police maintain order in traffic. In this sense, the tow truck operator is a "civil servant" under § 839 paragraph 1 BGB, and the state covers the damage to the car. The BGH argues similarly in the present context: the state offered COVID vaccinations free of charge and employed doctors to administer them. This was a "central means to overcome the Corona pandemic" and served "not only individual health protection but also the maintenance of central state functions and key areas of public services." The narrative that we faced the worst respiratory killer virus pandemic ever and that only the sacred jab saved us from worse is not questioned even slightly by the BGH. Moreover, the doctors, by administering the COVID shots, even enabled people to access places wherever 2G rules applied. In doing so, they participated in state regulatory enforcement—like a 2G inspection authority. The BGH ruling significantly diminishes the chances of claiming compensation for faulty vaccine counseling: 1. The state is liable under § 839 paragraph 1 sentence 2 BGB only if there is no other possible remedy. A person injured by a COVID vaccine must first sue the manufacturer. It does not matter that the state reimburses the manufacturer for all costs, including legal and attorney fees. Only if this lawsuit fails can the Federal Republic of Germany be sued. 2. If there is a dispute over what risks the doctor disclosed and how, the doctor is no longer the defendant but a witness. As a defendant, they would have to prove under § 630h paragraph 2 sentence 1 BGB that they properly informed the patient. Now, since only the state is responsible under official liability, the injured party must prove the violation of official duty (i.e., the disclosure error), and the doctor will naturally testify that the counseling was properly conducted. If the court finds no tangible indication that the doctor lied or erred, it will believe the doctor and dismiss the state liability claim of the vaccine-injured person. With this BGH ruling, those who suffered harm from the COVID shot are once again bitterly mocked. At the time, vaccination was said to be a sign of solidarity. From the start, this solidarity was denied to the victims of the vaccination campaign and continues to be. Sorrowful regards Yours sincerely, Martin Schwab
Author: AI-Translation - Martin Schwab | |
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