A €23 hi-tech wheelchair for an SMA patient: the court rules against the Naples 1 Centro Local Health Authority.

Naples – The Court of Naples has ordered the Local Health Authority Napoli 1 Centro to fully cover the cost of a vertical-adjusting power wheelchair worth over €23 for Christian Durso, a patient with spinal muscular atrophy (SMA), recognizing his right to a personalized aid capable of meeting his specific health and functional needs.

The decision, announced by the Luca Coscioni Association, represents an important precedent on the issue of access to aids for people with disabilities, reaffirming the principle that customization is a fundamental element in the application of the Essential Levels of Assistance (LEA). A principle that goes beyond the individual case.

In its ruling, the Court emphasized that choosing an aid cannot be limited to simply identifying a device listed in the National Health Service's tariff list. Rather, it is necessary to verify that the device is specifically suited to the patient's clinical condition, their residual abilities, their living environment, and the level of independence it must ensure.

According to the judges, therefore, the right to healthcare also includes the possibility of obtaining truly effective and personalized assistance, when this is essential to ensure an independent life and full social participation.

The story

The dispute arose from the need to replace the wheelchair used by Christian Durso for many years. The previous device was no longer repairable because it was out of production and lacked spare parts.

On March 10, 2025, the ASL Napoli 1 Centro authorized only partial coverage of the new supply, awarding a contribution of €13.381,68 out of a total cost of €23.215, plus VAT, for the verticalizing electric wheelchair prescribed by specialists.

According to the health authority, the reimbursement provided by the fee schedule was sufficient to fulfill legal obligations. This claim was disputed by the patient, who argued that the authorized device was not suitable for ensuring the functions necessary to maintain his level of independence.

The appeal and the decision of the Court

Assisted by Alessandro Bardini, general counsel for the Luca Coscioni Association, Christian Durso challenged the ASL's decision before the Court of Naples.

The judge ruled in his favor, ordering the ASL Napoli 1 Centro to cover the entire cost of the wheelchair prescribed by the specialists and also to cover the legal costs.

The ruling reinforces a position that is likely to have repercussions on other similar cases, reiterating that the right to health and autonomy of people with disabilities requires an individual evaluation of aids and not a mere application of the tariffs set out in the nomenclature.