Sulla prescrizione del diritto iure proprio dei congiunti al risarcimento del danno da morte in conseguenza di trasfusione di sangue infetto

This work comments on judgment no. 31029/2024, specifically addressing the limitation period for relatives to seek “iure proprio” compensation for damages resulting from death due to a transfusion of infected blood. In the relevant judgment, the Court of Cassation ruled that the limitation period begins to run from the moment the disease is discovered and its link to the transfusion is established, regardless of whether the injured party has already died. Based on this ruling, the Court of Cassation determined that the heirs’ right to claim compensation for the damage suffered due to the patient’s death is barred if initiated after the limitation period begins with the discovery of the disease and its cause, even if they file within the time limit following the patient’s death. Conversely, the criterion of perceptibility, along with the principle established in Article 2935 of the Civil Code, suggests a different and fairer solution. This is based on several factors: first, there is generally no significant interest from the relatives in claiming damages while the patient is still alive; second, there is no causal link between the conduct that led to the disease and the subsequent death – considered ‘consequential damage’ – until the death occurs and is established as being causally attributable to the transfusion; and finally, there is a logical inconsistency in recognizing a coincidence between the moment the infected person becomes aware of their illness and the subsequent moment the relatives perceive the additional damage resulting from the patient’s death.