According to the LSG, such a disruption cannot increase the claims for benefits from the state due to vaccination damage.
The fact that one – even with a legitimate request – does not get through to a social service provider is part of the general life risk and is not covered by the protective purpose of social compensation law. This does not contain any basis for a claim for compensation for any consequences of executive injustice.
Hepatitis infection after vaccination
The case dealt with by the LSG concerned vaccination damage caused by contaminated immunoglobulin as part of the so-called anti-D immune prophylaxis. As a result, several thousand women were infected with hepatitis in the GDR in 1978 and 1979.
The damage caused by the “Anti-D scandal” is compensated for by the Anti-D Assistance Act (AntiDHG). Among other things, this provides for a monthly pension, the amount of which is based on the degree of damage (GdS).
Attribution connection interrupted
The plaintiff had justified a higher GdS with, among other things, the embitterment disorder attested to her.
The LSG decided that the disruption was not legally caused by the damage recorded by the AntiDHG. It does not result directly from the hepatitis C infection and was not caused indirectly by it. Rather, it is based on the self-responsible decision of the defendant social service provider, which interrupts the attribution context and which the LSG also considers to be lawful (file no.: L 6 VM 3577/21).
on LSG Baden-Württemberg, judgment of May 25, 2023 – L 6 VM 3577/21
Editorial office beck-aktuell, July 28, 2023.
Related Links
From the beck-online database
LSG Baden-Württemberg, No entitlement to benefits due to bitterness due to allegedly unjustified non-recognition of a damage consequence, BeckRS 2023, 14616 (detailed reasons)
auf der Heiden, liability and compensation for corona vaccinations, NJW 2022, 3737
Dutta, liability for any vaccine damage, NJW 2022, 649
Note on LSG Sachsen, social compensation law, here: osteoporosis as a result of chronic hepatitis C after anti-D immunoprophylaxis, FD-SozVR 2017, 392909
LSG Berlin-Brandenbur, anti-D immune prophylaxis, hepatitis C, reduction, pension insurance, reduction, administrative act with lasting effect, BeckRS 2016, 113757