Application for access to administrative documents pursuant to FOIA
We had already talked about the subject in a precedent article which concerned the response of ex-Minister Beatrice Lorenzin toparliamentary question no. 4-03638. Senator Gian Marco Centinaio's question had been answered: 9.000 indemnities managed directly by the Ministry of Health plus another 16.000 indemnities for the regions and, as of March 31, 2015, 631 beneficiaries of the additional indemnity provided for by law 229 / 05, insofar as they are recognized as being damaged by mandatory vaccinations (609 beneficiaries plus 22 whose position was closed following death).
However, Senator Centinaio's question did not get an answer to the question that interests us most, namely: how many are affected by vaccination indemnified with law 210/1992 and how much is the compensation paid since 1992, the year the law came into force, to date?
If you take only the law 229/2005 (concerning only those injured by compulsory vaccinations) you have a very partial version, 10 years of compensation, or an average of 63 subjects for each year (2005-2015), beneficiaries of the additional compensation provided for by the law for the recognized damaged.
But let's clarify these two laws.
With Law 210/92, the State recognizes compensation in favor of subjects damaged by irreversible complications due to mandatory vaccinations, but also as a result of transfusions and blood products, attributing the relative economic burden to the Ministry of Health, as required by the 'art. 8 of the Law itself. The problem in answering the title question is given by the nature of the law itself, namely that the recognition is divided into two very different categories, damaged by transfusions and blood products on one side and those by mandatory vaccinations on the other.
With Law 229/05, on the other hand, additional compensation is granted to those damaged by compulsory vaccinations (and not by blood transfused as for 210), or a monthly allowance proportional to the severity of the damage suffered, based on the category already assigned to them by the competent medical-hospital commission.
As of 21 February 2001, with the Prime Ministerial Decree of 26 May 2000 (OJ No. 238 of 11.10.2000), human health responsibilities were transferred to the Regions, also including the functions relating to compensation in favor of recognized subjects by Law 210/92. The Veneto Region, with DGR n. 1140 of 17 May 2001, delegated the exercise of administrative functions to the ULSS Company no. 6 Euganea.
To understand and estimate how much the total amount disbursed, we at Corvelva can only verify the part of the Veneto Region, starting from 2001 to today and this is partly possible by checking Bur no. 123 of 11 December 2018.
The sums paid for the various years are as follows:
|2012 - 2014||€ 40.360.932,47|
|2015 - 2017||€ 44.538.488,80|
|2018||€ 12.455.580,35 (to be paid)|
|TOTAL||€ 97.355.001,62 paid from 2012 to 2018|
We speak of law 210, therefore the above figures concern both categories of recipients. Before 2012 there is no trace, or we have not been able to find it, of sums paid by the Veneto Region as compensation in favor of the damaged parties falling under Law 210/92.
But the question we asked ourselves remains totally unanswered, and from this difficulty we have decided, thanks to part of the documentation provided to us by the Monza and Brianza Hummingbird Committee and the Puglia Hummingbird Committee, to make an application for access to administrative documents pursuant to FOIA.
The request was registered and sent to the Councilor for Health of the Veneto Region Dr. Manuela Lanzarin, to the President of the Veneto Region Dr. Luca Zaia, to the General Manager of the Health and Social Area dott. Domenico Mantoan, to the Anti-corruption and Transparency Manager of the Veneto Region dott. Loriano Ceroni, to the General Manager of Azienda Zero dott.ssa Patrizia Simionato and to the General Manager of the ULSS 6 Euganea dott. Domenico Scibetta. The requests we have made to the institutions mentioned above are, in our opinion, clear and simple, and we report part of the text of these:
- know how many cases of damage from compulsory and non-compulsory vaccinations have been recognized with compensation by the Veneto Region, starting from the entry into force of Law 210/92, or at least since the competent bodies of the Veneto Region began to manage the administrative functions provided;
- know how many cases of death from mandatory and non-mandatory vaccinations have been recognized with compensation by the Veneto Region, starting from the entry into force of Law 210/92, or at least since the competent bodies of the Veneto Region began to manage the administrative functions provided;
- know which pathologies have been damaged by compulsory and non-compulsory vaccinations that have been recognized with compensation by the Veneto Region, starting from the entry into force of Law 210/92, or at least since the responsible bodies of the Veneto Region have started to manage the administrative functions envisaged;
- know which vaccines damaged by mandatory and non-compulsory vaccinations have been recognized with compensation by the Veneto Region, starting from the entry into force of Law 210/92, or at least since the competent bodies of the Veneto Region have started to manage the functions expected administrative;
- to know, only for those damaged or deceased from compulsory and non-compulsory vaccinations, the amount compensated by the Veneto Region, starting from the entry into force of Law 210/92, or at least since the responsible bodies of the Veneto Region have started to manage the administrative functions envisaged;
- know the data referred to in the points above, divided by year, age group and ULSS pertaining to the first request, in order to also have a general idea of the damaged in our region.
Aware of the fact that this request, if carried out as a rule of law, is still limited for the time, 2001 to date, and for the fact that the data would still be only of the Veneto Region, we proceeded to send, with the necessary modifications, the same request also to the Minister of Health Giulia Grillo, to the State Secretaries of the Ministry of Health dr. Luca Coletto and dr. Armando Bartolazzi, Dr. Giulia Giordano at the Compensation Office pursuant to Law 210/92 in Rome and the responsible for the prevention of corruption and transparency Alberto Zamparese, asking substantially to extend access to all acts to the whole national territory with a separate request.
This action of ours, which we repeat, comes in part thanks to two distinct committees, has been suggested and well accepted by other regional realities and in the next few days they will file the same request for access to the deeds in various regions of Italy.