By Chris King • Updated: 06 Jun 2023 • 16:20
Image of a newborn baby holding mother's hand. Credit: Ratchat/Shutterstock.com
A young woman who was exchanged with another baby in a Logroño hospital will receive €635,000 from the insurer of the Rioja Health Service.
The judgement from the Superior Court of Justice (TSJ) of La Rioja, issued on May 30, was published this Monday, June 5, in a statement from José Sáez Morga, the plaintiff’s lawyer, according to 20minutos.es.
This payment is the remaining part of the €850,000 compensation originally agreed upon by the Governing Council of La Rioja for this young woman.
Last April, the Justice sentenced the insurance company of the Rioja Health Service to pay compensation of €850,000 to this young woman.
It had been established that she was switched at birth in 2002 with another baby in the old Hospital San Millán de Logroño. However, the insurer only paid her €215,000 from the original total.
An appeal was subsequently lodged by the insurer as a precautionary measure to suspend the payment, but, this Monday the Contentious-Administrative Chamber of the TSJ of La Rioja ordered that the insurer paid the remaining sum of €635,000 to the woman.
This young woman, whose parents were declared incapable, grew up with what she believed to be her maternal grandmother.
In 2017, a maintenance claim was filed by the maternal grandmother against the person she considered the girl’s parent. He refused the payment and a DNA test finally confirmed that he was not the biological father.
It was also determined that she was not the daughter of who she considered her biological mother either. As a result, the young woman began the process to find out who her real parents were.
After reviewing the record of births registered at the old San Millán Hospital on the same day as hers, it was discovered that the sharing of the two babies occurred in the cribs.
This young woman, whose case came to light in 2021, could eventually claim compensation of €3 million. That is the maximum established by the Law on Consumers and Users for damages that can be considered irreparable in Spain.
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Originally from Wales, Chris spent years on the Costa del Sol before moving to the Algarve where he is a web reporter for The Euro Weekly News covering international and Spanish national news. Got a news story you want to share? Then get in touch at editorial@euroweeklynews.com
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