It’s a case-by-case decision that will resonate. The 30-year-old Benni Over, who is critically ill, and his parents were vaccinated against the corona virus at the instigation of the Rhineland-Palatinate Prime Minister Malu Dreyer. Overs Fall shows how complex the subject is. He suffers from gradual muscle wasting (Duchenne muscular dystrophy), has been in a wheelchair for 20 years and has also been ventilated for four years. A corona infection could be fatal for him.
He and his parents therefore asked the urgent question: Isn’t the vaccination prioritization laid down by ordinance by Health Minister Jens Spahn (CDU) unjust? Actually, Over would only have been in vaccination group 3, that could have dragged on until summer. After the Tagesspiegel reported on Benni Over and his parents’ fight in December, several older readers offered to cede their previous vaccination to him. A nurse at a Covid ward in Thuringia wrote: “We will probably be the first to be vaccinated and I would like to pass my vaccination dose on to Benni.” Others criticized that there should be no preferential treatment here. One reader spoke of being concerned egoism. “Where do we go when every single one of us requests a priority vaccination from Mr. Spahn.”
The family, who live in Niederbreitbach in the Neuwied district, argues that they should be treated as a nursing home, with the parents as caregivers, and they have been in permanent quarantine since March. Since then, for fear of an infection, the family has not wanted to let outside caregivers into the house; their son belongs to care level 5. In the past few weeks, hundreds of members of parliament and the Bundestag have written to them several times. The first email was headed “Call for help” and the second was headed “Cry for help”, reports Father Klaus Over. The situation was further exacerbated by an emergency with her son around New Year’s Eve, because he kept bleeding during suction and his trachea needs to be examined as soon as possible.
“A sheer horror for us after more than ten months of quarantine,” reports the father with a view to a hospital stay. Especially since they found out that the staff there can only be tested irregularly.
After another call for help, directly to Prime Minister Malu Dreyer, the Piks came early in the vaccination center in Oberhonnefeld with the material of the Mainz company Biontech. Benni Over wanted to return the Order of Merit of the State of Rhineland-Palatinate, which Dreyer had once awarded, the young man had received it for his commitment to climate and orangutan protection projects. In addition, according to the father, the Bundeswehr hospital in Koblenz is now being opened,
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Is there a threat of lawsuits for previous vaccinations?
One day after the vaccination it came on January 8th to update the COVID-19 vaccination recommendation the permanent vaccination commission (Stiko), which means that such individual decisions can also be made nationwide if Spahn follows this. It literally states: “When prioritizing within the STIKO’s COVID-19 vaccination recommendation, not all clinical pictures or vaccination indications can be taken into account. Therefore, individual decisions are possible. It is incumbent on those responsible for the vaccination to classify persons who are not explicitly named in the respective prioritization category. This applies, for example, to people with rare, severe pre-existing illnesses for whom there is no sufficient scientific evidence regarding the course of a COVID19 disease, but for whom an increased risk can be assumed. ”But: This could also justifiably be sued Paving the way for vaccinations. And the constitutional lawyer Anna Leisner-Egensperger came to the conclusion in a statement for the health committee of the Bundestag: Health Minister Spahn should not have set the prioritization of the vaccination groups by ordinance anyway. That is not a constitutional basis for authorization. “These regulations are therefore illegal and therefore void. They must not be used by the authorities and do not have to be observed by the citizens. “The FDP health politician Christine Aschenberg-Dugnus emphasizes:” For constitutional and ethical reasons we urgently need a corona vaccination law, as the FDP parliamentary group already has submitted and contributed last year. “
Benni Overs father Klaus is very relieved that they have been given the first of two doses of vaccine – he has a new task after this fight. Other parents with civil servant children are now asking in a row how they can get a prioritized vaccination. “Of course we will help everyone.” And he calls on members of the Bundestag to put pressure on Minister Spahn so that the individual decision is firmly anchored in the vaccination ordinance. A legal basis must now be created quickly for a prioritization group “Cases like Benni”.