Prescription and liability of the Ministry of Health: comment on judgment no. 7553 of 2012

Judgment no. 7553 of 2012 of the Court of Cassation represents an important ruling on civil liability and the prescription of rights to compensation for damages, particularly in the context of infections contracted following transfusions of infected blood. This decision offers useful insights into the actions of the Ministry of Health and the timeframes for victims to claim compensation.

The case under review

In this case, D.C.M. and D.B.N. sued the Ministry of Health to obtain compensation for damages arising from HIV infection contracted by a haemophiliac minor following a transfusion of infected blood in 1987. The Court of Appeal of Rome had initially rejected the Ministry's appeal, highlighting its responsibility in overseeing blood safety. However, the Ministry appealed this decision, bringing the case before the Court of Cassation.

Main grounds for appeal and decision of the Court of Cassation

The liability of the Ministry of Health for damages resulting from HBV, HIV, and HCV virus infections contracted by transfused subjects is of an extracontractual nature.

Among the Ministry's grounds for appeal, the issue of prescription stood out, which according to the appellant should have been five years for damages claimed iure hereditatis and ten years for those claimed iure proprio. The Court of Cassation upheld the third ground of appeal, establishing that the prescription for damages claimed iure hereditatis is indeed five years. This decision is based on the consideration that both types of damage stem from a single wrongful act, namely the administration of infected blood.

Implications for victims and the Ministry

• Clarity on prescription periods: The judgment clarifies that the prescription period for claiming compensation in cases of damages from infections transmitted through transfusions differs depending on the nature of the damages.
• Ministry's liability: The Court states that the Ministry has a duty to oversee blood safety, and its negligence can lead to compensation claims.
• Relevance of knowledge: The commencement of the prescription period is linked to the perception of the damage and not to the moment it clinically manifests, which can affect the timing of compensation claims.

Conclusions

Judgment no. 7553 of 2012 offers an important clarification on the matter of civil liability in the healthcare sector, highlighting the Ministry of Health's obligation to ensure the safety of transfusions and the specific timeframes for submitting compensation claims. Victims of infections contracted following transfusions must be aware of their rights and the procedures for claiming compensation, considering the implications of this decision for future cases.