The vaccination sequence can therefore only be deviated from in exceptional cases. Cancer or paraplegia are not a reason, according to a court.
The 79-year-old woman claimed shortness of breath, a 39-year-old had paraplegia and immunodeficiency, and a 60-year-old had cancer and a recent heart attack. In the opinion of the 16th Chamber, the three do not belong to the group with the highest vaccination priority specified in the Coronavirus Vaccination Ordinance, either because of their age or for other reasons.
Reasons “not sufficiently credible”
The situation is different if the regulation does not take into account serious reasons and a later vaccination leads to a high risk of a serious or fatal course of the disease after infection. Such reasons had not been made sufficiently credible by the applicants.
The risk of dying from Covid 19 disease is only slightly increased due to the applicants’ previous illnesses. In contrast, people over 80 years of age have a 16 times higher risk of death. Because of this, it can be expected that the elderly will need intensive care beds in the clinics to a particularly high degree.
The priority vaccination of this age group therefore serves both their health protection and the continued functionality of medical care and thus the general public. In addition, due to the scarce availability of the vaccine, the order in which the elderly, nurses and medical staff are given priority is not objectionable
The next instance is the Administrative Court of Baden-Württemberg in Mannheim.