The Administrative Litigation Chamber of the Superior Court of Justice (TSJ) of La Rioja has pressured the insurance coverage firm to pay the total compensation of 850,000 euros acknowledged by the regional authorities to a younger lady who found that she was exchanged with one other child once they had been born in 2001.
The TSJ of La Rioja has confirmed this Thursday that this order rejects the precautionary measures introduced by the insurer, which had solely paid 215,000 euros of this compensation, agreed by the regional Executive at 850,000 euros in October 2022 and whose fee was ordered in February previous.
The Administrative Litigation Chamber will nonetheless must situation a ruling on the deserves of this matter, since this insurance coverage firm appealed the settlement of the Government of La Rioja that acknowledged compensation to one of many two younger ladies exchanged shortly after being born within the outdated Hospital San Millán de Logroño.
Apart from the decision means of this judicial attraction, the insurer should pay the remaining 635,000, in keeping with what the newspaper La Rioja introduced on its web site on Thursday.
3 million euros
The administrative decision issued by the Governing Council of La Rioja and which established the quantity of compensation at 850,000 was appealed by the younger lady’s lawyer, who filed a contentious administrative attraction to request 3 million euros.
The financial compensation of 850,000 euros corresponds to the quantity proposed by the Consultative Council of La Rioja, after the report issued on the request of the Ministry of Health.
The younger lady who has claimed to be compensated grew up with what she thought-about her grandmother, since her dad and mom had been declared incapable; whereas the opposite grew up with the household she believed to be hers.
In 2017, the grandmother filed a toddler assist declare towards the particular person she believed to be the woman’s guardian, who refused the fee and a choose ordered a DNA take a look at.
This evaluation confirmed that the person was not the organic father of the younger lady, who determined to endure one other take a look at, which decided that she was not the daughter of what she thought-about her organic mom both.
For this cause, the method to satisfy their actual dad and mom started, the births registered on the identical day as hers had been reviewed and the change of the 2 infants was found once they had been within the hospital’s cribs, after which this younger lady claimed compensation .
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