“He died of a tumor caused by an infected blood transfusion”, millionaire compensation for the family

Editorial team 04 September 2021 10:48

The TAR of Palermo ordered the Ministry of Health to immediately pay the heirs of an Agrigento, who died at 65, one million and four hundred thousand euros. The man’s wife and two children with the assistance of lawyers Angelo Farruggia and Annalisa Russello – we read today in the newspaper La Sicilia – had brought a claim for damages before the Court of Palermo, obtaining, at the end of the long dispute, the condemnation of the Ministry of Health to the compensation of the total sum of 1,400,000 euros, by way of non-pecuniary damage deriving from the death of the relative, which occurred due to a liver tumor caused by transfusions of blood infected with Hcv carried out at the San hospital Giovanni di Dio of Agrigento in 1984. Although the sentence, having exhausted the degrees of judgment, had become final, the Ministry of Health, therefore, the Italian State, did not want to hear about it. Hence the establishment of a further judgment, this time before the TAR of Palermo, to obtain the payment order and the appointment of a specific Commissioner to Acta who would be responsible for enforcing the sentence, therefore, the actual payment by the Ministry of Health. The TAR of Palermo, accepting the request of the lawyers Angelo Farruggia and Annalisa Russello, ordered the Ministry of Health to pay the 1,400,000.00 in favor of the heirs within 60 days of notification of the sentence, failing which, in addition to a penalty established for any further delay, has provided that in the event of further delay in payment, the execution will be carried out by a specific Commissioner in Acta, identified as the person of the Secretary General of the Presidency of the Council of Ministers. The court then ordered the transmission of the sentence to the Court of Auditors in order to assess any liability profiles for tax damage.

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