Government Lawsuit Guatemala Syphilis

Government Guatemala Syphilis Testing Lawsuit

Hundreds of Guatemalans have filed a class-action lawsuit against the U.S. Department of Health and Human Services seeking injunctive relief and damages. The plaintiffs claim that the defendants subjected them to inhuman, cruel, and degrading treatment by “deliberately” infecting them with syphilis in the 40’s. The plaintiffs, including Guatemalan prisoners, mentally ill individuals, orphans, and soldiers, filed the lawsuit in Washington after the US Government failed to reach out-of-court settlement.

The lawsuit claims that, between 1948 and 1964, the plaintiffs were infected with syphilis to test the efficacy of penicillin without their consent. The plaintiffs seek compensation from the US Government for the health problems suffered by them as a result of being subjected to medical tests. The lawsuit seeks action on behalf of all plaintiffs and other similarly situated persons who were subjected to non-consensual experimentation overseen by the defendants’ predecessor office holders. The plaintiffs bring this action against the defendants seeking equitable relief and damages.

The lawsuit, brought under the Alien Tort Statute, seeks compensation for the egregious violations committed against them. The plaintiffs claim that they are suffering from devastating results of the non-consensual human medical experimentation they were subjected to by the defendants. 

The lawsuit claims that the defendants chose Guatemala to carry out more invasive methods of inoculation because there were no fears of any ethical scrutiny in that country. The suit asserts that the defendants’ selection of a location outside the United States was part of a “deliberate plan” to continue the Tuskegee testing offshore so that their actions would not be subjected to the same level of scrutiny as that in the United States.  The plaintiffs claim that Public Health Service physicians conducted highly invasive non-consensual human medical tests on them and other similarly situated persons in Guatemala’s national penitentiary, orphanage, military, and mental institutions.  The plaintiffs assert that they were subjected to such human medical tests that were unprecedented and unequivocally impermissible throughout the civilized world.

The lawsuit seeks compensation for violation of international human rights law.  The suit accuses the defendants of offering “bribes” in the form of cigarettes to seek uninformed compliance for inoculation, clinical observation, or blood draws. The plaintiffs claim that such acts on the part of the defendants resulted in them getting infected. Most of the plaintiffs claim that they are the surviving children and legal heirs of one of the army men in Guatemalan military who was subjected to human medical experimentation and inoculated during six months of that service. They claim that their father suffered from many diseases as a result of the medical tests and had gonorrhea, sores, poor sight, and became extremely lethargic when he left the military.  The plaintiffs claim that they too have been suffering from the same problems as their father since they were born, with most of their siblings even losing their vision.  One of the plaintiffs blames the defendants for the canker sores on her head, as her father was subjected to medical tests, which have resulted in the loss of her hair.

Another plaintiff alleges that the defendants’ medical tests gave him uncomfortable and painful feelings in the genital area, which made him lethargic and forced him to stay in bed for at least three days.  The plaintiff claims that he experienced difficulty in urinating, pain in bones, suffered from headache, and sleepiness as a result of the medical tests. The claimant asserts that even his youngest daughter was born with cankers on her head, as a result of which, she lost her hair.

Another plaintiff blames the defendants for inoculating him with syphilis, following which he became lethargic, due to which, one of his daughters was born physically disabled.  The plaintiff blames the defendants for the permanent disability of his daughter and seeks compensation for the same.

Another plaintiff blames the defendants for conducting venereal disease experiments on him and thus infecting him with syphilis and failing to provide treatment for the same, following which he independently sought treatment at a health center.  The claimant asserts that due to the infection, he is unable to walk properly even to this day.

The plaintiffs claim that they suffered serious, negative health conditions following the defendants’ non-consensual human medical tests. The lawsuit claims that the defendants implemented an unconstitutional medical program that violated the well-laid-out rights under the American Constitution.  The lawsuit claims that the action of the defendants was in contradiction to the Fifth and Eighth constitutional amendments; the Law of Nations; UN General Assembly declaration to save people from cruelty, torture, and degrading treatment; Vienna Declaration and Program of Action; Article 3 of the Geneva Conventions; Nuremburg Code; Bilateral Treaty between the United States and Guatemala on Peace; and Statutes of the District of Columbia.

The lawsuit claims that the defendants knowingly and intentionally violated the Universal Declaration of Human Rights by subjecting the plaintiffs and similarly situated persons to medical tests. The suit asserts that the defendants conducted human medical tests on unknown subjects, which is an immoral and legally unacceptable act. The lawsuit contends that defendants are liable under the color of law and authority as US Government officials. The plaintiffs assert that most of the defendants aided and abetted, committed, ordered, ratified, had command responsibility for, and directly or indirectly facilitated the medical tests on plaintiffs without their consent. The lawsuit claims that most of the defendants knew or should have known about the medical human tests being conducted by their subordinates on the plaintiffs without seeking their consent. The suit contends that the defendants failed to punish those responsible for abusing the rights of the plaintiffs and endangering their health, lives, and personal integrity.

The plaintiffs claim that the defendants’ acts and omissions caused them severe physical and psychological injuries and pain, following which they incurred expenses and suffered damages, which have caused them permanent pain and suffering.  The plaintiffs assert that the debilitating injuries suffered by them as a consequence of the defendants’ malicious, oppressive, despicable  actions will continue to cause them great immense pain and suffering.

The lawsuit contends that the defendants’ actions were committed with complete disregard of the rights, safety, and welfare of the plaintiffs. The lawsuit seeks punitive and exemplary damages against the defendants.  The plaintiffs accuse the defendants of depriving them of the liberty to live life free from such intrusive, harmful actions that have them immense pain for life. The complainants demand a jury trial on all issues against the defendants.

The lawsuit demands equitable relief and justifiable compensation, including cost of legal action and attorney’s fees, from the defendants.