OVG: Thalidomide Foundation must decide on application for benefits
According to a ruling by the Higher Administrative Court of Münster on Thursday, the Contergan Foundation in Cologne must once again decide on a man's application for benefits. The plaintiff, born in 1960, had unsuccessfully applied for support from the foundation in 2011 due to several physical injuries. The highest administrative court in North Rhine-Westphalia ruled that the decision-making procedure for a claim had not been followed in the case. The Cologne Administrative Court had previously dismissed the claim.
The OVG stated that no decision had been obtained from the Foundation's entire Medical Commission. Only some of its members - namely 8 out of 22 - had been involved in the case. The Foundation would have to decide on the application again. The judgment is not legally binding.
According to its own information, the Contergan Foundation currently pays pensions to around 2,300 victims. Their mothers had taken the over-the-counter sleeping pill thalidomide during pregnancy, which damaged the unborn child.
The pharmaceutical company Grünenthal from Stolberg near Aachen had been selling the over-the-counter sleeping pill and tranquillizer thalidomide since 1957. In the early 1960s, it was discovered that the drug caused massive damage to fetuses if taken in early pregnancy. In Germany alone, thousands of children were reportedly born with severe physical impairments.
The Contergan Foundation's Medical Commission needs to reevaluate the man's application for benefits, as the initial decision-making process did not involve all commission members. Given the widespread impact of pharmaceuticals, it's crucial that proper procedures are followed in handling cases related to pharmaceutical damages, such as Thalidomide.
Source: www.dpa.com
