The National Court forced the Institute of Seniors and Social Services (Imserso) to pay around 800,000 euros to a woman affected by thalidomide.
This drug was designed to combat nausea in pregnant women and ended up causing malformations in fetuses. It was only withdrawn from the Spanish market in 1985, when the rest of the countries vetoed it in November 1961. Many victims of thalidomide were born without arms or legs and suffered from premature aging and a situation of relative dependence.
In this specific case, the woman has a disability rate of 69%. The court awarded him compensation of 12,000 euros per percentage point, which, added to late payment interest, amounts to around 800,000 euros.
This is indicated by a judgment, dated this Thursday, from the Central Contentious-Administrative Tribunal 4 of the National Court.
In 2015, the Supreme Court examined the alleged liability of the pharmaceutical company Grünenthal Pharma SAwhich marketed thalidomide.
In 2018, the government approved a decree providing assistance to drug victims. However, it restricts the notion of beneficiaries of compensation. It was limited to those who had a certain relationship -rare diseases- issued by a committee created for this purpose.
The situation changed when the Supreme Court recognized as affected those who had already been considered as such by previous administrative resolutions. Among them was the victim who will now receive 800,000 euros.
Imserso is the entity responsible for paying the aid and the aforementioned decision is the first that obliges the Administration to pay this amount. From the Avite association, the main association of people affected by thalidomide, it is emphasized that “from now on, more sentences like these will be handed down”.
The victim was defended by lawyer Ignacio Martínez, attached to the El Defensor del Paciente association and lawyer from Avite.
