Assistance on aids to the disabled, Antitrust opens investigation

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Published by Dario Dongo on 31 August 2019

Assistance on breakdowns of aids for the disabled, the case of Sapio Life

Sapio Life is a giant in the healthcare sector with a turnover of over 500 million euros and over 1600 employees. Historic producer of industrial and medicinal gases, since 1989 it has also been involved in the supply of medical devices for hospitals and socio-health facilities and home care.

The promise of immediate response to reports of problems on medical devices and aids - announced by Sapio Life on its website (1) - is clearly denied by the facts reported by us. Where a disabled quadriplegic:

- it has been left over 6 months waiting for an anti-decubitus pillow to replace the defective one, within the warranty period,

- had to wait 9 months for the repair of a device of function equivalent to an electric wheelchair (Batec), a first time,

- has not received any assistance in the 10 months that have elapsed since the next fault, which is still unresponsive.

The unacceptable vice of assistance by Sapio Life Srl, in the specific case, caused serious and permanent injuries to the disabled person. In addition to forcing him to face often insurmountable difficulties and significant costs, for personal assistance and transport by taxi. At your request for delivery of a working Batec, in extremis to the Justice of the Peace, Sapio's hustlers have even reacted with such arrogance as to ask for the condemnation of the disabled person for reckless litigation (!). Is this the assistance that is expected from a 'health'?

Sapio Life Srl, the Antitrust opens an investigation

The Antitrust - following the complaint by Égalité - opened an investigation against Sapio Life Srl with the aim of ascertaining whether the lack of assistance on aids under warranty can integrate a violation of the Consumer Code. In particular, an aggressive commercial practice, i.e. a non-contractual, onerous or disproportionate obstacle, imposed by the professional if a consumer intends to exercise his contractual rights. (2)

These 'gThe serious shortcomings of the assistance service appear all the more serious if we consider the lack of alternatives for the consumer, who can request the replacement of the supplier and the therapeutic aid to the reference ASL only every 5 years.'(Guarantor Authority for Competition and the Market, file PS / 11481, notice of initiation of the procedure 30.7.19)

The procedure initiated could end with the imposition of a pecuniary administrative sanction but above all, hopefully, with the affirmation of a fundamental right for the effective protection of the weakest subjects. In fact, the Consumer Code guarantees the possibility of obtaining the required replacements - or, alternatively, repairs - within onereasonable term from the request. Without causing significant inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer purchased the good'. (3)

Protection of the weak contractor and assistance to the disabled, the demands of Égalité

Égalité asks therefore that - if the damages are promptly reported - the seller will repair or replace under warranty in the shortest possible time, free of charge and at the consumer's choice. Not later than 24/48 hours, in the case of medical or technological aids intended for disabled and / or sick people. Since these are particularly vulnerable consumers, whose health and autonomy are always linked to the continuous and uninterrupted availability of the necessary aids.

Medical aids and technological - and among these, also the devices for mobility (e.g. wheelchairs, manual and motorized, and equivalent goods) - are in fact fundamental to guarantee the constitutional rights to health, equal social dignity and the full development of the person Human. (4) In compliance with the UN Convention on the Rights of Persons with Disabilities. (5)

The disabled and care-giver Readers of this article are encouraged to share their experiences, both positive and negative, with assistance in the event of failure of the aids and devices received. Reports should be submitted as soon as possible, with details on the timeframe and outcome of the assistance received, to [email protected]. In the hope of gathering as many testimonies as possible, for the best protection of the rights of all of us, our families, friends, and acquaintances.

thank you

Dario Dongo

Note

(1) Site www.sapiolife.it, section 'therapeutic and technological aids', pages dedicated to'management of ASL aids' and 'sale to the public', presumably modified following the notification of the initiation of the procedure by the Antitrust

(2) See Legislative Decree 206/05, articles 24 and 25, paragraph 1 letter. d)

(3) Consumer Code, article 130 paragraph 5

(4) Constitution of the Italian Republic, articles 32, 2, 3

(5) United Nations Organization (UN), Convention on the Rights of Persons with Disabilities, 13.12.06

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