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The long battle for recognition
The story of a 58-year-old Piedmontese man suffering from Thalidomide syndrome is a prime example of the difficulties that many victims of this drug have had to face. After eight years of legal litigation, the Labor Court of Alessandria and the Court of Appeal of Turin have finally recognized his right to compensation from the Ministry of Health.
This recently filed ruling marks a significant victory for those who suffered harm from a drug that caused birth defects in numerous newborns in the 60s.
The specific case and its implications
The applicant, who suffered from a malformation in his left arm, filed a claim for compensation in 2017, arguing that his condition was compatible with the effects of Thalidomide. Despite an initial favorable opinion, the competent Commission subsequently denied recognition, arguing that proof of the causal link had not been demonstrated. However, the determination of the Piedmontese, supported by lawyers Erika Finale and Renato Ambrosio, led to a review of the situation, culminating in a favorable ruling.
Legal challenges and objections from the Ministry
The Department of Health raised several objections, including the timing of the applicant's birth, which occurred in 1967, after Thalidomide had been withdrawn from the market. However, the applicant's lawyers stressed that the right to compensation also extends to those with malformations compatible with the syndrome, regardless of their date of birth. Furthermore, it was highlighted that Thalidomide remained in circulation even as an over-the-counter product, further complicating the issue.
The ruling also highlighted the tensions during the trial, with references to harsh tones by representatives of the Ministry. The issue of the unilateral nature of the malformations was at the center of the debate, with lawyers demonstrating how scientific literature supports the validity of the appellant's claims. This case not only represents a personal victory, but raises broader questions about the responsibility of institutions and the protection of victims of dangerous drugs.