EU legal report: Longer deadline for vaccination damage required!

EU legal report: Longer deadline for vaccination damage required!

Vienna, Österreich - On June 19, 2025, General Attorney Laila Medina commented on the challenges that result from vaccination damage. She calls for an extended period of compensation lawsuits because the current limitation period of ten years could violate fundamental EU rights. Medina argues that many people with slowly progressive diseases that occur after vaccinations are unable to assert their claims within this period. This is particularly disadvantaged by those who only find after years that their illness may be connected to the vaccination. A concrete case that underpins her concerns affects a woman who was vaccinated with revaxation in 2003 and finally suffered from inflammatory muscle disease.

medina suggests that the three -year limitation period should only begin if the disease in question is stabilized and all vaccination damage can be fully recorded. In addition, she criticized the exclusion periods for companies that are only liable for ten years after the placement of vaccines. In your opinion, this regulation means that the right to an effective legal remedy is violated. Their final applications are not binding, but are often followed by the judges. The time of the verdict has so far remained unknown, which raises questions about the future legal situation. According to vienna.at this problem is considered urgent.

liability of employers and vaccinates

Another aspect is the liability issues for vaccination damage in the workplace. The article by Roland Stöbe and Daniel Stach in the NJW 2024 addressed that employers can be held liable under certain conditions for the vaccination damage of their employees, in contrast to the strict evidence obligations of the vaccine manufacturers. While government agencies have so far been hesitant with liability obligations, lawsuits against employers could open up new options for work for employees who have suffered vaccination damage.

Since September 10, 2021, vaccination offers from employers have been legally mandatory. Company doctors are approved to carry out COVID-19 vaccinations, which brings responsibility for the proper implementation and education. Another aspect is the obligation to provide risk, which was significantly increased by the accelerated approval of the vaccines. Clear failure in the Enlightenment could be seen as a treatment error, especially if the vaccination was not sufficiently examined. In practice, “mass handling” was often carried out, which indicates inadequate information. This experiences were also dealt with in detail in a report by Buergerschutz.org.

legal responsibilities and compensation

The legal bases for liability are diverse. According to the lawyer search service, a vaccinator is liable if he violates an official obligation, for example in the event of a lack of information. In accordance with the Medicinal Products Act, vaccine manufacturers are subject to damages if harmful effects occur that go beyond the reasonable level.

Affected should be aware that claims for social compensation according to § 2 SGB XIV can be asserted, with evidence of vaccination and damage is necessary. The official liability and medical liability law also offer potential starting points for compensation claims. The current legal situation and the corresponding judgment invite you to obtain legal advice to examine your claims and, if necessary, enforce.