Government Ordered to Compensate $60 Million to Protester Suffering Neurological Damage from Tear Gas Impact

Original article: Lacrimógena a la cabeza en plena revuelta social: Fisco deberá pagar $60 millones a manifestante que sufrió daño neurológico por el impacto

The Santiago Court of Appeals has mandated the government to pay $60 million in compensation to a protester who sustained a tear gas canister impact to the skull during the social unrest of 2019, resulting in permanent neurological damage.

In a unanimous ruling, the Seventh Chamber of the appellate court –composed of judges Hernán Crisosto, Hernán López, and interim lawyer Sebastián Perelló– overturned the previous judgment from the Nineteenth Civil Court of Santiago that upheld a statute of limitations claim by the defendant.

This decision significantly impacted the case of H.E.G.S., who, on December 10, 2019, at 35 years old, attended a peaceful demonstration at Plaza Italia, also known as Plaza Dignidad, to commemorate International Human Rights Day and while aiding an injured individual, he was struck by a tear gas canister to the back of the head, losing consciousness instantly and hitting his face on the pavement.

According to the ruling, the assault occurred around 8:30 PM at the intersection of Ramón Corvalán with Carabineros de Chile, when uniformed officers indiscriminately fired gas grenades. The plaintiff was quickly surrounded by other protesters who attempted to shield him while officers continued to launch deterrent measures at the crowd. The severity of the situation necessitated immediate first aid from a nearby medical team, who urgently transported him to the Public Emergency Hospital, where he arrived at 8:57 PM, diagnosed with traumatic brain injury and skull fracture.

Neurological Damage and Irreversible Consequences

The stabilization of the patient required immediate admission to the Intensive Care Unit, but he suffered a setback early in the morning, necessitating resuscitation efforts. At 3:30 AM on December 11, he underwent surgery that lasted five hours, remaining hospitalized in ICU with life-threatening risks due to a depressed skull fracture.

H.E.G.S. remained in a coma for a month, during which he was intubated and upon awakening, had no memory of events, gradually regaining his memory.

Later, he underwent surgeries on his head and abdomen, and experienced another hospitalization in October 2020 due to a seizure that caused facial trauma.

The cranioplasty procedure required three additional months of hospitalization. Permanent neurological consequences include secondary epilepsy, memory issues, and other conditions associated with the direct impact of the tear gas grenade, necessitating ongoing medical follow-ups at Hospital El Carmen. Physical marks are unmistakable: a noticeable skull deformity with clear asymmetry, 36-centimeter surgical scars on the right frontoparietal region, a three-centimeter tracheostomy, and a 20-centimeter abdominal scar from a laparotomy.

Indiscriminate and Disproportionate Actions of Carabineros

The appellate court justified its decision based on the «lack of service» attributable to state agents, stating that their shots were «indiscriminate and disproportionate,» violating the regulatory obligations governing their conduct.

«The indiscriminate and disproportionate actions of the officials, who shot at the plaintiff’s body (to his head) with tear gas projectiles (gas grenades) without legal justification, caused severe injuries. Consequently, a lack of service is established as their performance was outside legal boundaries, representing a defective execution of public duty, resulting in damage that obliges the State to provide reparation, without prejudice to its right to seek reimbursement,» stated the ruling.

The judicial decision was emphatic in rejecting the statute of limitations exception initially accepted by the Nineteenth Civil Court of Santiago, which had ruled in favor of the government. It also categorically dismissed the argument of «reckless exposure to harm,» establishing that special statutes apply in cases of force used by state agents, obligating them to respect constitutional guarantees.

LThe ruling states that the amount must be adjusted and paid with legal interest from the moment the verdict becomes enforceable.

Impact on the Protester’s Life

The $60 million compensation seeks to remedy the moral damage that has completely shattered H.E.G.S.’s life project. Once an active, cheerful, and athletic person, he now struggles to complete daily activities and cannot participate in the basketball team he once belonged to. His self-esteem has greatly diminished, and daily nausea and vomiting have become a constant in his new reality.

The affected individual has not been able to return to work or resume his studies at INACAP, due to memory issues resulting from his injuries. «My life took a 180-degree turn, and not for the better», he recounted in court.

According to the Court, the established facts corroborate a clear moral damage, as the injury left the victim with «serious and irrecoverable physical consequences,» as well as emotional harm and suffering that will accompany him for the rest of his life.