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Case

Battle for recognition for Q fever victims

Between 2007 and 2010, the Netherlands was hit by the largest Q fever epidemic in the world. Thousands of people became infected by a bacteria spread by goats. The consequences were enormous: an estimated 115 deaths and thousands seriously ill. Many victims still experience the effects of the infection on a daily basis.

What happened and the impact on people and society

The Q fever outbreak left deep scars. Many victims suffer permanently from severe fatigue, concentration problems and heart problems. Working or even leading a normal social life is no longer possible for many. Families were also badly affected: partners became informal caregivers, children saw their parents completely exhausted. In addition to personal suffering, there was social unrest about the role of the government: why did it take so long to intervene?

The interests at stake

The heart of this case touches on trust in government and the protection of public health. Victims feel that the State did not protect them sufficiently and took measures too late to stop the outbreak. The government invoked limited knowledge and discretion, but the question is: what did the State know at the time, and could faster action have prevented thousands of infections?

For whom Beer advocaten stands up

Beer advocaten represents more than 250 Q fever victims who are fighting together for recognition and compensation. We are assisting this group in their appeal against the Dutch State. Our commitment is not only legal, but also moral: victims must not suffer once again - this time from a system that refuses to acknowledge its negligence.

The challenge: government liability

The legal challenge is great. After all, the government has a certain freedom to make decisions based on the knowledge available at the time. Accordingly, the District Court of The Hague previously ruled that the State was not liable. In our opinion, the State already had sufficient information at the time to intervene more quickly. By not doing so, the State acted unlawfully.

The plan of action

In the appeal, we carefully map out what the government knew about the risks of Q fever and what measures would have been possible. We build the file step by step, with the goal of convincing the court that the district court's ruling was incorrect.

The case is ongoing - but the stakes are clear

There is no ruling on appeal yet. First it must be determined that the State is liable. Only then can individual compensation for each victim be assessed. The proceedings are expected to take years, but the determination among victims is strong. As Caroline van Kessel, president of Q-uestion, said:
"The court ruling was disappointing, but we are not giving up. The lives of Q fever victims have changed dramatically. With Beer advocaten, I feel that we are well supported legally and are not alone in our struggle for recognition."

What really matters

For Beer advocaten, this case is more than a legal battle. It is about recognition and restoration of trust for people who have been hit hard by an accumulation of mistakes. As attorney Laura-Jean van de Ven put it, “We are committed to the victims, so that they can still receive the recognition and compensation to which they are entitled. It touches me that this group of victims seems to be forgotten, while this misery could possibly have been spared them.”

This case shows why class actions are so important: They give a voice to citizens who would otherwise go unheard before large organizations such as the State.

Do you have questions about this, please contact Laura-Jean van de Ven.

Result

The Hague District Court ruled earlier that the State was not liable. There is no ruling on appeal yet. It must first be determined that the State is liable. Only then can the individual compensation for each victim be assessed. The procedure is expected to take years, but the determination among the victims is great.

"It touches me that this group of victims seems to be forgotten," he said.

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Standing up together for the collective interest?

Do you want to use the law on behalf of a collective to protect victims and their environment? Beer advocaten supports civic initiatives, interest groups and NGOs in their struggle. Not only legally, but also strategically and organizationally. Let's join forces.