The largest judicial compensation awarded so far in Spain for a medical malpractice, imposed on the Canary Islands Health Service (SCS) worth 1.3 million euros, will serve, "at least, to get my children through," do not lack anything, they have what they need and they earn quality of life, that's the main thing, "sentenced yesterday Tania Guardia García, mother of two children with Lesch-Nyhan syndrome, after hearing the decision of the Ministry of Health of the autonomous Government not to appeal the sentence pronounced by the Superior Court of Justice of the Canary Islands (TSJC) before the Supreme Court.
In a ruling issued two weeks ago, the TSJC confirmed an earlier ruling of the Court of Contentious Administrative Number 4 of Las Palmas de Gran Canaria, when it was proven that "the lack of diligence" of some of the professionals involved in this case has caused that the Guerra Guardia family must face "devastating consequences". Not in vain, the Lesch-Nyhan syndrome, a rare disease (one patient per 380,000 live births) of a hereditary nature that is not always transmitted, presents as a peculiar characteristic the self-destructive behavior, with compulsive injuries to its own body, between other cognitive and behavioral disorders together with neurological dysfunction.
After discovering as a carrier of the syndrome linked to a mutation of chromosome X with the delivery of her first child, who was born with Lesch-Nyhan in 2002, Tania Guardia and her new partner, Iván Guerra Gil, were encouraged to father another scion ten years later. upon knowing the existence of prenatal diagnostic tests. And with the background of the second, gestated healthy, the family decided to light the third child in 2014 with the same precautions but, although the analysis ruled out the congenital error, the child was born with the disease, so the War Guard couple denounced the following year before the courts because nobody warned of the insecurity of the diagnosis because of the contamination of the samples.
The first sentence was appealed from the SCS when the amount imposed as compensation was considered "disproportionate" and, above all, shared with the Madrid Health Service the patrimonial responsibility, since DNA samples taken at the Maternal and Child University Hospital of the Canary Islands analyzed in the capital city of La Paz. "There is no money in the world to compensate for the damage in question," the TSJC responded at the end of September before considering "the very high compensation" set by the judge "proportional to the very high damage caused (…), the same terrible syndrome. "
Adopted on Tuesday by the legal services, the decision not to appeal to the Supreme Court was heard yesterday during a radio interview to the Health Minister of the Canary Islands Government, José Manuel Baltar, in the Cadena Ser: "They have decided who had to decide, to That is Justice, and if we have made a mistake and they fine us, we assume responsibility. " In addition, "we are very sorry and, although I do not want to justify anyone, we have millions of contacts with citizens every day and we can not always guarantee good results but, in these circumstances, we have little more to say than to take the decision of the technicians "Baltar excused himself on the air.
"We still do not believe it, nor did my lawyer know, at least, everything we have spent serves to believe in Justice," said Tania Guardia, who burst into tears upon receiving the news over the phone through a journalist during breakfast with a friend. Although the public apologies of the current counselor "I'm worth, I think he did it to look good because I never heard the phone from the Canary Islands Health Service or the Government, absolutely nobody," said the neighbor of Gáldar.
"I did not expect it either, but it is what we were looking for, that someone was responsible, we feel very badly psychologically," added Iván Guerra after the final conclusion, after three years, of the judicial process, at least, paid with the highest compensation imposed so far in Spain.