The recent ruling of the Court of Cassation n. 34570, pronounced on October 3, 2023, provides important insights regarding the commencement of the prescription for compensation for damages suffered as a result of contaminated blood transfusions. In particular, the Court addressed the issue of the exordium praescriptionis, clarifying that the prescription period does not coincide with the submission of the compensation claim, but begins from the moment the damage becomes ascertainable.
The case considered by the Court involved compensation requested by two relatives of a victim infected with HCV through transfusion. The Court of Appeal of Rome had confirmed the condemnation of the Ministry of Health to compensate for damages, but the Ministry appealed the decision, contesting the commencement of the prescription. The Court of Cassation reaffirmed the principles already stated in ruling n. 576/2008, according to which the prescription begins from the moment the damage becomes objectively perceivable and recognizable.
The prescription period for the right to compensation for damages begins from the day the death is perceived as an unjust harm resulting from the behavior of a third party.
The Court clarified that, for damages arising from civil liability for blood transfusions, the prescription period begins from the moment of the recognizability of the damage, also in light of the scientific knowledge available at the time. This principle is particularly relevant in cases of so-called “long-latent” damages, where the damage manifests only after a long period of time. The Court therefore excluded the possibility that the commencement of the prescription could coincide with the submission of the compensation claim, stating that the damage must be clearly perceived and cannot be connected to a mere material occurrence.
In conclusion, the ruling n. 34570/2023 of the Court of Cassation emphasizes the importance of a correct interpretation of the norms on prescription in civil matters, especially in complex cases such as that of contaminated blood transfusions. The decision represents a significant step to ensure that victims of unjust damages can assert their rights without being hindered by restrictive interpretations of the commencement of the prescription. It is essential that the parties involved understand the distinction between the moment of the material occurrence of the damage and that of its recognizability, in order to act promptly and protect their rights.
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