The doctor who has won the trial against Ximo Puig: «The Generalitat discriminated against doctors because of the place where they worked»
In a single week, the government presided over by the socialist Ximo Puig has lost two trials related to the lack of protection and discrimination of the health community during the coronavirus pandemic in the Valencian Community.
In this second case, Dr. Maribel Moya, vice-president of the General Council of the College of Physicians of Spain, led the presentation of the complaint to the Generalitat Valenciana for no vaccinate at the same time against Covid-19 to doctors from the private sector and public health.
“The Generalitat discriminated against doctors in the private sector because of the place where they worked,” Moya told ABC. This is proved by the Administrative Litigation Court number three of Alicante, which rejects the causes of inadmissibility formulated by the Administration and declares the violation of the fundamental right to equality and health of doctors.
The sentence, which considers the Government headed by Ximo Puig to be responsible for its consistent inactivity in not vaccinating these health workers, agrees with the College of Physicians of Alicante, chaired by Maribel Moya herself at the time the complaint was made.
“We are satisfied because the arguments that led us to file the lawsuit are confirmed. At that time we were immersed in a very complicated situation, where we had already demonstrated our responsibility and social commitment,” he tells this newspaper.
The vaccination strategy against the coronavirus approved by the Interterritorial Health Council did not contemplate the immunization of all Public Health workers before professionals in the private sector. Something that did happen in the Valencian Community and that motivated this doctor to sue the regional government.
«In the practice of the strategy we realized that it left out the entire medical community of the private sector and that it did not respect the priority established by the Ministry of Health, which was only based on the level of risk, ”he explains. “There was no rule that indicated to the Generalitat that it had to discriminate against doctors because of the place where they worked, so it should have limited itself to complying with this order and vaccinating all front-line doctors,” he stresses. to this journal.
Appeal to judgment
The President of the Executive, Ximo Puig, confirmed that the Ministry of Universal Health and Public Health will appeal this sentence, since he considers that at “no time” private professionals were not vaccinated. “The will was simply to vaccinate based on the hierarchy that had been made,” he explained to the media.
“It was a protocol that was made fundamentally with the general interest in mind and attending to where the most serious problem was,” explained Puig, who received different criticisms from the opposition, such as the Health spokesman for the Popular Group in the Cortes. Valencianas, José Juan Zaplana, who asked him to assume responsibilities for the “dire health management during the pandemic.”
In this regard, the doctor who filed the complaint qualifies the resource as a “tactic that all governments follow when they lose their sentences». Moya does not believe that the argument put forward by the Generalitat “could contradict the facts that the judge has considered proven.”
On the other hand, the doctor explains that the inoculation of the booster dose to doctors in the private sector is proceeding normally, unlike what happened with the first vials. Likewise, it details that “we are not in the same situation of need and urgency as in the first phase of vaccination”, so “if the booster vaccines were delayed, it would not have the same importance as it did at that time.”
For Moya, the management of the pandemic by the Generalitat has been “fluctuating”, in some respects “successful” and in others, not. However, it emphasizes that it only intends to assess the specific situation for which they filed the lawsuit, such as “defense of the fundamental rights included in the Spanish constitution». «The health authority cannot consider the medical group, which at that time was solving the problem, in that way; it was a purely philosophical question”, he concludes.
lack of protection
Three days earlier, the Generalitat Valenciana received the first judicial blow with the conviction of the Social Court number five of Alicante, for which it must compensate 154 health workers for the personal and moral damages they suffered due to the lack of protection between March and May 2020.
This sentence obliges the department that leads Ana Barcelo to pay these workers different amounts according to their degree of affectation. Likewise, it points out as “highly probable” that the high incidence of contagion among health professionals was a consequence of the material shortage, which until at certain times was kept under lock and key due to the scarce collection of masks and other protective equipment.