The National Court has issued a historic judgment which obliges the Institute of Elderly and Social Services (Imserso) to pay 748,000 euros to a woman victim of thalidomide. This decision follows a previous ruling by the Supreme Court which canceled the obligation of re-examination for thalidomide victims already recognized as such in the past, to access benefits. financial aid.
In June, the Contentious Chamber of the Supreme Court invalidated several articles of a royal decree approved by the Government in 2023, which imposed a condition of access to aid. that the people concerned were registered in the national register of rare diseasessupported by a validation report. This decree was contested by the Association of Victims of Thalidomide in Spain (Avite), as well as by several persons concerned, believing that it violated fundamental rights, because it obliged those concerned to go through a new administrative procedure which could endanger their victim status. .
The woman who benefited from this first conviction had already been recognized as a victim of thalidomide by the Junta de Andalucía, and In 2010, he had already received aid economical cost of 80,000 euros from Imserso. However, At the start of 2024, Imserso refused additional compensationalleging that it did not appear in the register required by the new decree. In her appeal, the person concerned argued that she had already obtained administrative resolutions confirming her victim status and that the Imserso decision was inappropriate.
The National Court ruled in favor of the plaintiff, emphasizing that the condition of being affected by thalidomide is not limited to registration in the register of rare diseases, but that other administrative acts must also be taken into account, such as recognition of his disability. , derived directly from the drug. In this sense, The judgment establishes that the person concerned meets all the conditions be a recipient of assistance.
Lawyer Ignacio Martínez, who represented the victim in this case, celebrated the resolution as an important step in the legal fight for thalidomide victimswho have been fighting for their rights for over 14 years. The Avite association also expressed its satisfaction, announcing that this decision sets a precedent and that other similar decisions should be rendered in the coming months.
This decision represents a significant step forward for those affected by thalidomide in Spain, which suffered serious consequences since their exposure to drugs between 1950 and 1985. The compensation of 748,000 euros, which includes legal interest, recognizes the disability situation of 67% of the victim and opens the door to future claims from other affected people.
