Saturday , January 23 2021

He died at 69 after transfusions of infected blood, the state sentenced to maximum compensation



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O State dwill pay compensation of one million four hundred thousand euros in favor of the family of an agrigentine who, unfortunately, seems to have died due to an infection of HCV. Finally, this dispute between the State and the patient's family ended, dying of being infected hepatitis C which appears to have occurred due to some transfusion of infected blood that would have been practiced near the Hospital São João de Deus in Agrigentor in 1984. After many transfusions, to which the patient was subjected, the man died. It seems that the patient whose initials are F.M. in 2006 he discovered that he was suffering from theHepatitis C and for this reason, with the assistance of the Angelo Farruggia and Annalisa Russello he filed suit against the Ministry of Health because he was held liable for failure to monitor blood health in order to obtain compensation for damages. There was a first sentence in June 2011 and on that occasion the Court of Palermo condemned the Ministry of Health to compensate the sum of 434,000.00 paid to the family as non-pecuniary damage.

After two years, unfortunately, man's health conditions worsened because hepatitis C, also cirrhosis of the liver first and then finally a liver tumor that determined death at the premature age of 69 years. It was a real tragedy for the family that was destroyed by the pain and in search of justice and resignation, decided to institute a new process against the State in order to request more damages due to the aggravation of the disease and the subsequent death, also due to the contagion.

Family members would have claimed moral damages for the loss of their loved one, asking for the difference between what had been settled and how much would have been due to this after the worsening of the disease. The Palermo Court would then accept the thesis of family lawyers thus condemning the Ministry of Health to the payment to family members of sum of € 1,400,000.00. According to the lawyer Angelo Farruggiaor the defender of the offended parties, the previous case-law appears to be of some importance.

"If the same guilty or negligent act determines, after a first damaging event for which there has already been liquidated damages by sentence, even more damaging consequences, if they are not merely a development of the damage that has arisen but, by gravity, by integrating new and autonomous injuries, "the injured should be eliminated from the differential damage by subtracting from the sum due to injuries and more serious, the sum already settled by the less serious injuries," this is what was added again by the legal Farruggia.


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