Naples, wheelchair blocked by local health authority despite ruling: Roberto Fico appeals

Naples – The courts have ruled in favor of Christian Durso, a longtime activist on the front lines for the rights of people with disabilities, but bureaucracy and public health appeals continue to leave him without a suitable wheelchair. Despite an enforceable ruling from the Naples Court dating back to the end of July, the ASL Napoli 1 Centro has challenged the ruling, effectively blocking the delivery of the lifesaving device, which is essential to his daily life.

The case at the center of the mobilization will be discussed publicly on Saturday at 3:00 PM at the Darwin Dohrn Museum, as part of the "Rights of Persons with Disabilities" panel at the 23rd Congress of the Luca Coscioni Association, currently underway in Naples.

An ignored ruling and the bureaucratic time trap

The legal case saw the Court of Naples recognize the full right of Christian Durso—who suffers from spinal muscular atrophy (SMA)—to obtain the specific power wheelchair prescribed by specialists. The judge ordered ASL Napoli 1 Centro to cover the entire cost of the device and legal fees.

However, three months after the enforceable ruling, the health authority has chosen to appeal. This decision forces Durso into a new, grueling wait, depriving him of a vital tool for his independence and social integration. The wheelchair he currently uses is now out of production and beyond repair due to a complete lack of spare parts.

The issue of “extra LEA” devices and the technical specifications

The model prescribed by specialists is among the devices defined as "extra LEA," meaning not included in the standard lists of the National Health Service. To meet the actual clinical needs of the pathology, the wheelchair requires essential features:
Electronic tilting
Reclines up to 180 degrees
Elevation and verticalization in three phases
Specific minimum heights from the ground

Despite this, the ASL continues to consider these essential functions merely "optional," arguing in its appeal that providing the device would constitute a presumed financial loss. This argument is forcefully rejected by the lawyers and the association, who highlight the opposite paradox: imposing an inadequate aid simply wastes public resources and worsens the patient's health, generating a cascade of higher healthcare and assistance costs.

The appeal directed to the President of the Campania Region

From the Naples congress of the Luca Coscioni Association, lawyer Rocco Berardo (coordinator of initiatives on the rights of people with disabilities and Durso's lawyer) and Christian himself launched a clear appeal to regional institutions.

"Providing Christian Durso with a suitable wheelchair is a specific legal requirement, confirmed by a ruling from the Court of Naples. What is the Campania Region waiting for? We ask President Roberto Fico to take a stand on this matter, confident in his direct intervention," Berardo stated, emphasizing that customization of the wheelchair must be considered an integral part of the Essential Levels of Care.