Kalisz. The 19-year-old sued the State Treasury. It's about the Covid-19 vaccine

The defendant in the case is the State Treasury – the Minister of Health, represented by the General Prosecutor's Office of the Republic of Poland. District Court Judge Arleta Konieczna decided, at the request of the plaintiff's lawyer, to conduct the case behind closed doors, but – as she emphasized – out of respect for public opinion and the social importance of the case, she explained the circumstances of the dispute and the position of the parties before the hearings began and the journalists left the room.

The judge emphasized that the case was substantively difficult, required specialist knowledge in the field of law and medicine and was multi-faceted.

The plaintiff's claim is based on an article of the Civil Code, which says: “If damage has been caused to a person by the lawful exercise of public authority, the injured party may demand full or partial redress and monetary compensation for the harm suffered when the circumstances, especially the incapacity of the injured party, to work or his difficult financial situation indicate that considerations of equity require it.

The plaintiff filed for compensation in the amount of PLN 201,000. PLN along with interest and court costs for the harm suffered.

According to the 19-year-old, right after vaccination, she developed neurological complications – significant, severe, affecting her life and functioning.

– She is an adult now, but she struggles with these problems, claiming that it is a post-vaccination complication. It was reported as an adverse post-vaccination reaction under the applicable regulations and recognized by the supervisory authorities. However, this recognition only means that it has been recognized as a statistical matter, and the plaintiff is left to deal with the problem, left to her own devices, said the judge.

In response to the lawsuit, the State Treasury, which – as the chairwoman recalled – participated in the introduction of the National Vaccination Program – moved to dismiss the lawsuit in its entirety and questioned its liability as to its amount and the type of health damage indicated. In response to the lawsuit, he pointed to other entities whose liability should be considered – e.g. the manufacturer, a medical facility or the person administering the preparation.

According to the SP, vaccines for COVID-19 were a completely voluntary service and there was no legal mechanism for compulsory, compulsory vaccination. – The National Vaccination Program was adopted by a resolution of the Council of Ministers, which resolution is not a source of generally applicable law, it is only of internal nature and applies to organizational units subordinate to the Council of Ministers – the judge quoted the defendant's response.

According to the judge, the case is difficult. – Nothing is obvious here at the moment. I have a lot of knowledge, but I don't know how much knowledge is sufficient to satisfy public opinion and to conduct this process correctly, in accordance with the requirements and fairly. You have to get through it, said Judge Konieczna. For example, she pointed out that the summary of product characteristics for Pfizer consists of 730 A4 pages of highly specialized knowledge. – I tried to get through it. It's difficult, she said.

The young woman was accompanied to court by her parents and her twin sister. As they said in an interview with the Polish Press Agency, everyone took the vaccines. – One of our daughters turned out to be weaker. The next day she felt very bad in the morning, after getting out of bed she lost consciousness and fell to the floor. From that moment on, her life changed. She does not function normally, she is subdued, sad, afraid and lonely because she avoids company. Instead of contacts with peers, we constantly go to doctors, looking for help for her, said the girl's mother.

The father added that the daughter takes strong pills every day, which makes it difficult for her to function normally. Previously, she was developing normally and had no illnesses. The parents immediately suspected that their child's health problems were related to the vaccination.

They went to a law office in Wrocław to ask for help. – There we heard that we had only one year to go to trial from the incident, and that nothing could be done about it – they said.

They didn't give up, they kept looking. Finally, they found a lawyer who told them that “he doesn't know the outcome of the case, but you have to try and fight for the child,” they said.

According to Judge Marek Urbaniak, spokesman for the District Court in Kalisz, the hearing was adjourned without a date in order to appoint experts. – Their task will be to determine the cause and effect relationship between the plaintiff's illnesses and the vaccination – he said.