Comatose Spaniard finally gets justice after 22 years in a vegetative state

After two decades of legal battles, the family of Antonio Meño, the Madrid man who fell into a coma 22 years ago due to medical negligence following a rhinoplasty procedure, stands to receive 1.075 million euros after reaching an out-of-court settlement with six insurance companies, lawyers announced on Thursday.

It was a bittersweet victory for the Meño family, which has been dealt a series of legal blows during their quest to seek indemnity for their son.

Meño, then a 21-year-old law student, fell into a coma in 1989 following cosmetic nose surgery at the Nuestra Señora de América clinic. The family has always blamed the anesthetist who was on duty at the time.

Gustavo Izquierdo, the family's lawyer, said that the Meños family was asking for no less than 1.65 million euros in compensation. Last year, after a series of legal setbacks for the Meños, Ignacio Frade, a trainee doctor at the time, came forward to testify that the patient had breathing difficulties before the operation. When he was taken into surgery, Frade said that the anesthetist noticed that a breathing tube had been dislodged.

The hospital, however, had long claimed that Meños choked on his own vomit after the procedure.

In 1993, the anesthetist was found guilty of negligence but five years later the conviction was reversed by a higher court. The family appealed the decision but in 2008 the Supreme Court upheld the acquittal and ordered the Meños to pay 400,000 euros to the anesthetist to cover his legal fees.

Last November, the top court reversed its decision and ordered the case reopened when the new witness came forward. It was then that the clinic and the Meño family decided to reach an out-of-court settlement.

After the first round of negotiations broke down in April, the parties agreed to appear in court on Thursday when the settlement was announced.

Juana Ortega Meño, 65, said she felt "humbled" by the agreement but continued to insist that the anesthetist was at fault.

"What they did to my son cannot be replaced with money," she said. "It is the anesthetist who should be blamed."

Izquierdo said that the negotiations between the six insurance companies have "been very difficult" even though the lawyers "were very receptive" to reaching an agreement and putting a final end to the case.

The 1.075 million euro settlement was agreed upon late Wednesday, he said.

Even though Antonio Meño, now 42, is in a vegetative state, the family has brought him to court on occasions in the past. But on Thursday they left him at home, given that he had a medical appointment.

The parents, both retired bakers, had camped outside the Justice Ministry for 16 months, along with their son, after they had to sell their home to pay the 400,000 euros in legal costs.

According to Izquierdo, an out-of-court settlement of this amount is rare in Spain. But, he explained, it "stopped both of the sides from heading down a road whose destination was unclear, and that would have also placed the decision in the hands of a third party."

During Thursday's hearing, the father, also named Antonio Meño, had to leave the courtroom after becoming emotional.