The man who was exchanged at birth in Guadalajara in 1971 plans to appeal to the Contentious-Administrative Court of Toledo, in which will request compensation of three million euros from the Health Service of Castile-La Mancha (Sescam).
This was confirmed by his lawyer, José Saez Morgaafter the Consultative Council of Castile-La Mancha rejected his request administratively arguing that “there is no causal link between the harm suffered by this person and the actions of the health service”.
The protagonist of this missing baby case He discovered that the family he had lived with his entire life was not his biological family. when in 2021 he suffered a DNA test after verifying that there were discrepancies between his blood type – zero negative – and that of his relatives. Ultimately, this analysis determined that, indeed, He had no biological connection to his mother or sister.
At that point, he put himself back in the hands of José Saez Morgalawyer who also handled the case of the two girls exchanged at the Logroño hospital at the time of their birth in 2022.
When the lawyer undertook to recover data on the medical record of his client, born in the old medical residence of the city, Sescam responded that It did not appear because it had been lost during the transfer to the University Hospital.inaugurated on January 25, 1982. Apparently, the Castilla-La Mancha health service explained to him that Losing stories during the move was an issue detected “with some frequency.”
Sáez Morga’s next step, as he explained, was to launch a research work which led him to enter the old residence where he took some photos which helped him begin “investigations” which ultimately led him to the Historical archives of Guadalajara as the location where the income booklet was located.
In this document you will be able to see how on the line where the place of residence of the newborn should appear The names of two towns in the province of Guadalajara are written one superimposed on the other.. It is in the one listed above that this man has lived much of his life with a family with whom he does not share a biological relationship.
Responsibility of Sescam
Although this chapter took place in 1971, date when Castilla-La Mancha did not exist as an autonomous community and even less as Sescam -created in January 2000- the lawyer assured EL ESPAÑOL-EL DIGITAL CLM that at the time when the National Institute of Health (Insalud) transferred powers to the autonomous communities, the transferred “assets, rights and obligations”.
He therefore presented a complaint to the Advisory Council of Castile-La Mancha to which he received a response on October 17. This letter indicated that “the causal link between the harm suffered and the functioning of the health service” is not proven.
A “Contradictory” argument in the eyes of the lawyer who understands that Sescam must “admit the anomaly”.
“In the resolution It is said that it could have been exchanged on the street or by other people, but this makes no sense because the father received a certificate with whom the child is registered”, defends the lawyer.
Sáez Morga regretted that the interpretation of the Consultative Council of Castilla-La Mancha did not occur in the sense that that of La Rioja occurred in the case of the two girls exchanged in 2002, who recognized that “they had the damage vaccinated at that very moment.”
Currently, the lawyer is preparing the documentation to go to the Contentious-Administrative Court of Toledo, the city where the headquarters of Sescam Management is located, to seek redemption for a mistake that scarred your customer for life.
