Cass. Civ. No. 34570/2023: Clarifications on the Statute of Limitations for Compensation Claims in Case of Infected Transfusions

The recent ruling by the Court of Cassation No. 34570, issued on October 3, 2023, offers important insights into the commencement of the statute of limitations for compensation for damages suffered as a result of infected blood transfusions. In particular, the Court addressed the issue of the *exordium praescriptionis*, clarifying that the limitation period does not coincide with the submission of the compensation claim, but begins from the moment the damage becomes knowable.

The Legal Context of the Ruling

The case dealt with by the Court concerned compensation sought by two relatives of a victim who contracted HCV through a transfusion. The Court of Appeal of Rome had confirmed the Ministry of Health's liability for damages, but the Ministry appealed the decision, contesting the commencement of the statute of limitations. The Court of Cassation reiterated the principles already set out in ruling No. 576/2008, according to which the statute of limitations begins from the moment the damage becomes objectively perceptible and recognizable.

The limitation period for the right to compensation for damages begins from the day on which the death is perceived as an unjust damage resulting from the third party's conduct.

Statute of Limitations and Damage Knowability

The Court clarified that, for damages arising from civil liability for blood transfusions, the limitation period begins from the moment the damage is knowable, also in light of the scientific knowledge available at the time. This principle is particularly relevant in cases of so-called "long-latency" damages, where the damage only manifests after a long period of time. The Court therefore excluded that the commencement of the statute of limitations could coincide with the submission of the compensation claim, stating that the damage must be clearly perceived and cannot be linked to a mere material event.

Conclusions and Final Reflections

In conclusion, ruling No. 34570/2023 by the Court of Cassation underscores the importance of a correct interpretation of the rules on the statute of limitations in civil matters, especially in complex cases such as that of infected blood transfusions. The decision represents a significant step towards ensuring that victims of unjust damages can assert their rights without being hindered by restrictive interpretations on the commencement of the statute of limitations. It is crucial for the interested parties to understand the distinction between the moment of the material occurrence of the damage and the moment of its knowability, in order to act promptly and protect their rights.