The Supreme Court on compensation claims for blood transfusions: Order no. 20882 of 2018

The recent order of the Court of Cassation no. 20882 of August 22, 2018, is part of a legal context of particular relevance, concerning the liability of the Ministry of Health for damages arising from blood transfusions with infected blood. This ruling clarifies some fundamental aspects of the statute of limitations and active standing in compensation claims, highlighting the complexity of legal proceedings in healthcare matters.

Context of the Ruling

In this order, the Court examined the appeal of S. R. and others against the Ministry of Health, concerning the compensability of damages suffered due to transfusions with infected blood. The Court of Appeal of Rome had already expressed its opinion, establishing that the Ministry's liability was of an extracontractual nature, thus applying the five-year statute of limitations for compensation claims.

The liability of the Ministry of Health for damages from infected blood transfusions is of an extracontractual nature, subject to a five-year statute of limitations.

Analysis of Legal Principles

The Court reiterated some fundamental legal principles:

• The liability of the Ministry of Health is extracontractual and subject to a five-year statute of limitations, pursuant to art. 2947 of the Italian Civil Code.
• The starting point for the statute of limitations is identifiable with the date of filing the administrative request.
• Compensation claims filed beyond the statute of limitations are inadmissible.

These principles were also applied in assessing passive standing, confirming that the Ministry was liable for the lack of oversight on blood safety.

Conclusions

The ruling of the Court of Cassation no. 20882 of 2018 is part of a highly topical legal context, emphasizing the importance of a correct interpretation of the rules on healthcare liability. With this order, the Court has not only confirmed the extracontractual nature of the Ministry of Health's liability but has also clarified the applicable statute of limitations, thus offering important food for thought for all stakeholders involved in the field of health law.