No! The BGH has not confirmed the non-existence of measles viruses.

To vaccinate or not to vaccinate? More and more parents are asking themselves this question at the moment.

Just a few days ago, a 37-year-old mother of three children from Essen died of measles. The reason: lack of vaccination protection. The Augsburger Allgemeine reported about it here, among others. Now there is another status post or article floating around on Facebook that we have already covered once. Apparently it was confirmed by the BGH that measles viruses do not exist!

This status post on Facebook is about:

Before we check the facts, we would like to immediately say:

In detail!

There are no measles viruses! All lie!

At least that's what one blog tries to make us believe, citing a ruling by the Federal Court of Justice. Then let’s adjust the fake microscope…

What exactly was this judgment about?

Our story begins on November 24, 2011. On that day , Dr. Stefan Lanka, a vaccination opponent and supporter of the “New Germanic Medicine”, is offering prize money of €100,000 to the person who can credibly prove the existence of the measles virus through a study. Specifically, in his call for proposals he takes up the research of Dr. Annette Mankertz, who, according to Lanka, has not proven the diameter of the measles virus anywhere, although she is conducting research on it. And anything that doesn't have a clear diameter apparently can't exist, according to Lanka's logic.

The German doctor David Bardens took on this challenge and sent him several studies that covered all possible aspects of the measles virus, including its diameter. However, Lanka was not particularly impressed by this, because as Martin Moder wrote so beautifully on Scienceblogs : “Who needs 19,000 studies when you have an opinion”.

It was then decided in court that Bardens had proven the existence of the measles virus beyond any doubt and that he was entitled to the prize money. Lanka, on the other hand, was of course not at all happy with this and appealed. His reasoning: His specified requirements for detecting the measles virus were not fully taken into account by the studies submitted by Bardens.

The showdown

On February 16, 2016, the time had finally come: The appeal hearing took place Stuttgart Higher Regional Court (OLG) Ravensburg Regional Court ordered Lanka to pay the €100,000 prize money in the first hearing on March 12, 2015.

And here came the verdict, which was confirmed almost a year later by the Federal Court of Justice (BGH): Dr. Stefan Lanka does not have to pay €100,000 to David Bardens.

Have the anti-vaxxers got it right?

At least that's what it sounds like in the newsletter on Lanka's homepage " Knowledge creates Plus " from January 17, 2017:

“Five experts were involved in the process and presented the results of scientific studies. All five experts, including Prof. Dr. appointed by the first court, Dr. Andreas Podbielski have unanimously determined that none of the six publications brought into the process contain scientific evidence for the existence of the alleged measles virus.”

But we like to look at both sides of the same coin and take a look at the court ruling:

In fact, Barden's lawsuit for the payment of €100,000 was dismissed by the Stuttgart Higher Regional Court. The reasoning was now confirmed by the Federal Court of Justice in January 2017.

And what was the reasoning?

And now we come to the point that both “Mara's World” and all other sites that link or quote the blog have probably completely overlooked: the actual reasoning!

Let's take another look at the verdict :

Paragraphs 12 and 13 are important: There must be a (!) scientific publication in which both the existence and, among other things, the diameter of the measles virus are proven and determined.

But it's even more precise:

Let's summarize it briefly:

Lanka demanded a publication from the Robert Koch Institute. And a single publication, not several. And this single publication must contain both the detection and the diameter of the measles virus. Furthermore, this diameter must not be proven based on a drawing, but must be shown using a photo.

Why proving the diameter of a virus in a publication does not also prove its existence is a mystery even to us.

But the requirements go even further:

David Bardens was not a recipient of the newsletter at the time, so he should not have taken part in this tender. Even if he had provided the above required evidence, he would not have received the prize money.

What does the court itself think about the verdict and Lanka?

We also find a nice paragraph in the judgment about this:

For the court, the announcement was nothing more than part of a campaign, although Lanka clearly has no interest in his claim that the measles virus does not exist ever being refuted.

Conclusion

No, the Federal Court of Justice did not confirm the non-existence of measles viruses at any time when confirming the judgment.

The payment of the prize money was only rejected because of a formal error: Bardens could not meet the exact requirements that Lanka demanded in his commendation.

However, the existence of the measles virus has now been proven beyond doubt by over 19,000 studies.

Even if opponents of vaccination prefer to rely on “New Germanic Medicine” and globules.

Author: Ralf, mimikama.org