LEGAL CLAIMS AGAINST THE GOVERNMENT AND PHARMACIES CAN BE MILLIONAIRES

It is surprising to note the low quality of administrations, both governments and the pharmaceutical distribution sector in managing health products for pandemic protection.

If an entity offers a pandemic protector and the pandemic does not comply with the indications marked by the same entity, or if the entity does not report the limits of that protector, a serious crime against the user of such protection will be incurred in a highly contaminated environment.

We often remember nuclear accidents, as many technicians are sent to quell situations without knowing that the equipment they were carrying was not sufficient for the time of exposure to which they were subjected, and therefore the number of deaths that have been generated in such accidents. Many times, the media has condemned this attitude and society has called for legal action against those who knowingly sent these victims to carry out their work without the necessary equipment.

Governments, in an attempt to socialize with their voters, is having the gift of masks, gloves, glasses or similar, regardless of whether such products, far from being real protection, can become a problem for the user.

In the case of masks that are being given away are elements that are best cases for a maximum use of 4 hours, when governments are delivering it first thing in the morning for people who will mostly go to work no less than 8 hours. In addition, these masks are intended for the individual not to spread, but this does not imply that it cannot be infected, it’s just an ineffective barrier to protection.

In the case of gloves, the delivery of vinyl gloves or latex do not offer the minimum guarantee, those intended for contagion environments are those of nitrile, much more expensive and that have not been purchased by the administrations in most cases for gift on the streets.

In addition, pharmaceutical distributors were not prepared for this type of contingency and, in most cases, are totally unaware of the Asian market which has led to the presence of a lot of opportunistic intermediary to offer all kinds of products that by urgency are being accepted without the knowledge of the minimum necessary documentation that the products must carry , and as you know, all kinds of product arrives from China.

Moreover, the Chinese government has had to take measures to export any product from China with a minimum of product quality required, and legal product certifications additionally carry a certificate of export approval by the same government.

In this situation, citizens who take to the streets find a complete helplessness, since prices fluctuate dizzyingly, government gifts are understood to have a minimum guarantee of quality and points of sale or supply are not able to give a minimum of relatively truthful information.

In the circumstances, it is to be foreseen that many of the citizens returning to their working hours will be totally helpless from the possible contagion, and thereby the possibility of getting sick. It is in this case where the negligence of governments and health entities that have sold products that do not serve the minimum qualities necessary to protect themselves from contagion have civil and pecuniary liability, and not just moral liability.

Governments may try to justify themselves that potential agents of contagion may have been others, but all legal entities know that in the face of negligence by the government or whoever in the face of a particular act, civil liability exists. It should only be remembered that in the event of a puncture, accident, …, in an urban street with a hole in the pavement, the subsidiary responsibility is of the mayoral, in case another cause cannot be claimed or justified in itself.

If the pharmaceutical service were smart, it would not cooperate in such actions without a clear agreement that the sole responsibility for the distribution of such products lies with the public administrations.

The lack of delivery of quality material only responds to a problem that no one wants to talk about, the lack of funds for the purchase of material. Just pointing out that offering a quality mask, KN95-FFP2, to all of Spain would mean a maximum investment of 100 million euros, away from the billion-dollar amounts of money to be distributed to which the government is talking.

The irresponsible actions of governments, the omissions of government information, the collaboration of the pharmaceutical sector and the lack of knowledge and transfer of information to the users of the protection products delivered generates in those entities a legal responsibility that they will have to reply individually or jointly. And the penalty can be very high.

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