Kostelka: Damages for Austrian Contergan Victims at Last?

Damages for Austrian Contergan Victims at Last?

ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of December 13th 2008

In the series „Bürgeranwalt“ from Dezember 13th 2008 Ombudsman Dr. Peter Kostelka raised the topic of the severe consequences and problems for people, who are concerned of the Contergan-scandal in Austria. More than 51 years ago, the German pharmatheutical company Grünenthal put “Contergan” on the market – a sedative and sleeping pill - in 46 countries and advertised its compatibility especially for pregnant women.

The medicine was authorized by the Ministry for Health and sold on prescription under the products name "Softenon". The tragic consequences are well known- until the ban of sale of the active pharmaceutical ingridient Thalidomid in 1961 more than 10.000 malformed babys were born.

About 3.000 survivors not only suffer from physical and organic malformations but also from remarkable remote damages. These consequences often require a premature retirement while medical-therapeutical and care needs rise, which often makes poverty in old age become a realistic scenario. Therefore, the Federal Committee for Contergan-damaged People affirms, that people concerned feel harmed in their dignity by the conduct of the Grünenthal Ltd. as well as by the Federal Government. Consequently the Committee claims financial means as a prerequisite for an autonomous life of all people concerned by this tragic pharmaceutical scandal.

In September 2008 Mrs. N. adressed the Austrian Ombudsman stating, that she only due to the high media interest during last year got the information, that there are about 12 Contergan-damaged persons living in Austria, who recieve damages from the „Conterganfoundation for disabled persons“ in Bonn (Germany). She and 9 others have applied for help to this Trust, but unfortunately had to realize, that - according to legal guidelines - entitlements to benefits for foreign victims only could be recognized until December 31st 1983.

Everybody having missed the application deadline will probably also miss out in fu-ture, although the Grünenthal Ltd. just recently stated, that further 50 Mio Euro will be payed to the Contergan Foundation. At present the German Bundestag is discussing an amendment of the act concerned and of the statutory provisions in order to better meet the needs of recognized Contergan-victims.

The representative of the Federal Ministry for Health being present in the TV-studio pointed out, that at any occasion in future will be seized to confront the German collegues with the situation of persons concerned in Austria. Moreover Austria´s new Minister for Health, Alois Stöger, has decided to check any legal possibilities to establish a Found fed by Federal budgetary means, which can be adressed by the victims.

The victims of the Contergan-scandal being present in the TV-studio draw the atten-tion to the fact, that in other countries authorities alredy reacted and consequently damages to victims of the Contergan-scandal are payed. These countries have recognized their political and moral obligation towards the victims, since also their health authorities have not stopped the sale of the pharmaceutical soon enough.

During the debate Ombudsman Dr. Peter Kostelka claimed a legal act making it possible for the few victims in Austria having not yet recieved any damages to sue damages at court. The Austrian Ombudsman is therefore in touch with the Petition Committee in the German Bundestag to enforce this concern.

In order to be able to approximately estimate the number of persons being concerned and for further information a support group was founded by the victims. It can be reached under contergan.austria@gmail.com, whereby personal data and medical records might be requested.

For the same purpose the Austrian Ombudsman under post@volksanwaltschaft.gv.at can be contacted.