The Valencian High Court of Justice (TSJCV) has ordered the Valencian Regional Government’s Ministry of Health to pay 185,962.38 euros for the death of a baby named Luca at the Virgen de los Lirios hospital in Alcoy (Alicante). The baby died five days after birth because of severe encephalopathy caused by not properly monitoring the health of the foetus.
The order from September 30th, 2025, says that an appeal can be made to the Supreme Court within 30 days.
The parents’ claim for patrimonial culpability based on “inadequate” monitoring of the foetus is backed up by both documents and the expert reports of various doctors and the Commission for the Assessment of Bodily Damage.
The infant was born on December 17th, 2021, and died five days later, on the 21st, from acute encephalopathy. On May 4 of the next year, the parents sued the Regional Ministry of Health with the help of lawyers Clara Lozano and Isabel Bonilla of Bley Abogados.
Jeanette Boti, Luca’s mother, said that the money does not make up for her son’s loss in any way.
She said she knows that mistakes happen, but she doesn’t understand why no one has thought about what went wrong in four years. The hospital hasn’t sent her a letter of apology, and the midwife hasn’t thought about how her actions led to her son not being with her.
“The birth was at night and the protocols were not followed,” this mother said, adding that “the hospital has not helped us at all.” She stressed the “lack of human touch of the professionals who attended me, who have not cared about how we are and have acted against us.” She hopes that the TSJCV ruling will help make sure that something like this “does not happen again” by changing the way things are done.
“There was a faulty tocographic record, the doctor wasn’t told, and the caesarean section wasn’t done when it should have been,” which meant that Luca was delivered “without oxygen and with brain death” until he officially died on the 21st.
Boti remembered that the medical personnel warned her from the moment of birth that the condition was genetic. She said that both she and her partner have had to deal with “that guilt” until the facts were made clear: “Four years have passed and no one has bothered to tell us anything.”
Boti, a midwife at a hospital in Dublin, went to Alcoy to have her baby in the Virgen de los Lirios hospital with her cousin, who is also a midwife. This mother says that the event has caused severe problems in her family because relatives have blamed her for breaking up the family.
Author: Derek Appleton
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