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Saturday, Jun 07, 2025

Patients with ALS Prepare Joint Lawsuit Against Government Over Healthcare Funding

Thirty patients affected by Amyotrophic Lateral Sclerosis claim inadequate financial support from the government despite existing legislation.
At least 30 patients suffering from Amyotrophic Lateral Sclerosis (ALS) are preparing a joint lawsuit against the government for failing to comply with ALS legislation that mandates the provision of necessary medical assistance.

This initiative follows a prior legal action initiated by Antonio Luque, an ALS patient from Barcelona, and his wife, Yolanda Delgado, highlighting the government's inadequate response in providing adequate financial resources, seven months after the law's enactment.

Antonio Luque and Yolanda Delgado initiated legal proceedings on May 23 to address what they perceive as governmental neglect regarding ALS patients.

Following media coverage of their case, other affected individuals began to rally around their cause.

Yolanda Delgado has publicly criticized a recent announcement by the Minister of Health, Mónica García, who revealed an emergency allocation of 10 million euros to assist ALS patients requiring mechanical ventilation—estimated to assist only around 500 of the country's 4,000 ALS patients.

Delgado expressed concerns that the government's financial support is merely a temporary measure, noting that the 10 million euros would only provide care for two to three months if it were split among several caregivers per patient, as individuals in advanced stages of ALS require 24-hour assistance.

Patient advocacy organizations estimate that the full implementation of the ALS law would necessitate around 230 million euros to ensure adequate support.

In a press conference on June 4, shortly after the news regarding the lawsuit emerged, Minister García announced that a Royal Decree would be enacted by the end of June to formally launch a 10 million euro emergency plan for ALS patients needing continuous care.

However, many affected individuals from regions including Madrid, Córdoba, Valencia, Zaragoza, and Galicia have expressed that this level of financial support is insufficient.

The group of patients has organized through a WhatsApp network and is in contact with lawyer Esteban Gómez Rovira, who is facilitating both the lawsuit initiated by Luque and Delgado and the impending collective legal action.

The planned lawsuit will be directed at the Administrative Chamber of the National Court and will name the government and the Ministry of Health as defendants, highlighting the necessity for immediate implementation of the law's provisions.

Gómez Rovira asserted that the lawsuit will argue that both ALS patients and others requiring palliative care cannot afford to wait any longer for the law to be fully realized.

He referenced Article 15 of the Constitution, which recognizes the fundamental right to life and dignity, and aims to compel the Ministry of Health to expedite implementation of the announced support measures.

Gómez Rovira anticipates that more individuals may join the lawsuit, including those affected by other health conditions such as Duchenne muscular dystrophy, due to the broader implications of the law encompassing various palliative care needs.
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