Changes to the Contergan Healthcare Act
Report on Amendments to the Contergan Relief Act
Berlin, January 15, 2025 – The Bundestag legal affairs committee has dealt with the report on amendments to the Contergan Relief Act. The law is intended to simplify the payment of benefits to those affected by the thalidomide scandal.
Since their entry in 1961, over 50 years have passed Contergan caused serious malformations in children. Around 2,500 children were affected; the drug was taken off the market in 1962.
The then Federal Ministry of Health acknowledged the responsibility of the pharmaceutical manufacturer Grünenthal early on and concluded a “global settlement” with the company. The agreement provided for payment of compensation to those affected, which has been increased several times over the decades.
Simplification of benefit payments
According to information from the Bundestag, the aim of the planned amendment to the law is to “simplify the regulation of entitlements in the event of late and compound effects caused by exposure to Thalidomide”.
The initiative for the modification came from the Bundesrat. The upper house considers adjustment to be necessary because the regulations on compensation payments have so far been based on the assumption that health damage caused by thalidomide only manifests itself in the first years of life.
However, it has become apparent over time that some health impairments, such as nerve damage, only become apparent later in life. Since 2010, therefore, belated effects of thalidomide can also be included in the compensation scheme under certain conditions.
According to the draft law, this also applies to so-called compound effects, i.e. when health impairments initially caused by thalidomide are compounded by a subsequent disease.
Consequential consequential damage
The Federal Council justified the need for a change in the law with the following example: “In the case of thalidomide victims, who already suffer from severe impairment of the legs, a subsequent hip joint disease could worsen the situation. Currently, such consequential consequential damage is regulated in a complex manner and often leads to dispute between those affected and the Contergan Foundation.”
The amendment to the law aims to simplify and accelerate procedures. The legal basis for late and compound effects should be equal. It is also expressly regulated that the Contergan Foundation is not obliged to reconsider a decision it has made.
Finance Committee recommends approval
The Legal Committee recommends that the Bundestag approve the draft law, which is based on a proposal by the Bundesrat. The Federal Council had drafted a corresponding law, which was rejected by the Bundestag in July 2023.
The Ministry of Justice, the Federal Ministry of Health and the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth supported the change in the law during the committee hearing.
According to the Contergan Foundation, around 3,600 people currently receive a monthly nursing allowance. The foundation also provides lump-sum payments for new damage caused by thalidomide.
Bericht über Änderungen im Conterganstiftungsgesetz
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