Justice raises the sentence of Ximo Puig to two million euros for the health chaos of the first wave of the coronavirus
The Social Court number 1 of Benidorm has condemned the Generalitat Valenciana to compensate sixty health workers from the Alicante health department of the Marina Baixa for the lack of protection against coronavirus during the first wave of the pandemic.
Around 158,000 euros that with the almost 1.9 million of the previous sentence -the first of this type in Spain- add up more than two million euros “for the personal and moral damages” that they suffered between March and May 2020 when the Law on Prevention of Occupational Risks was violated.
The ruling of January 17 forces the Ministry of Health to pay different amounts according to the degree of affectation, much lower than those set in the Social Court number 5 of Alicante a few days before, for which the Medical Union CESM- CV, who filed the lawsuit in both cases, study resort it.
The Generalitat will also present an appeal, as confirmed this Friday by the head of that department, Ana Barceló: «We came to China to be able to obtain this material to distribute it to the staff. We did everything in our power».
The magistrate condemns the Government of Ximo Puig to pay 2.000 euros to professionals who were forced to work without adequate protection elements; 3.000 those who had to quarantine by contact without contagion; 4.000 to those who were sick due to contagion; Y 6.000 to each of the infected toilets who were hospitalized. Those amounts were 5,000, 15,000, 35,000 and 49,180 euros, respectively, in the first court order of these characteristics.
The judge also obliges Health to “provide professionals with the means of transport and individual protection in home care, whether on a regular day or in continuous care”, “the inexcusable adoption of protection measures, after evaluating the risks and jobs by the corresponding prevention services”, as well as to “provide personnel with protective equipment composed, at least, of hydroalcoholic solutions, waterproof gowns, FPP2, FPP3 masks, protective glasses , specific leggings, gloves and large waste containers».
In addition, it points out that the Generalitat violated its obligation to protect professionals “from the knowledge that it had of the existence of a COVID-19 pandemic and, especially, from the declaration of the state of alarm” in what it has meant “a serious risk for the safety and health of all health workers, especially medical staff, due to their direct exposure to the risk of contagion.
as published ABC, from CESM-CV intends to present a new class action lawsuit. The union organization seeks to repeat its victory in court and has launched a section on its website for its members to join the process. In fact, around seventy professionals joined during the first weekend, although the deadline is not until March 31. In parallel, they are waiting for other similar processes to be resolved in Valencia, Castellón and Elche.