Facts
B., a trained locksmith, was employed by S. AG and was therefore compulsorily insured against accidents with the Swiss Accident Insurance Institution (SUVA). On January 20, 1997, he sustained a wedge compression fracture Th12/L1 as a passenger in a traffic accident. During the course of treatment, he experienced back pain, headaches, fatigue, and concentration difficulties. In May 1998, a diffusely growing brainstem glioma with extension into the right cerebellum was diagnosed in B., from the consequences of which he died on January 27, 2001.
From July 1, 1998, the SUVA granted B. a disability pension for a 10% loss of earning capacity and an integrity compensation for a 15% loss of integrity. B.'s mother A. filed a complaint requesting that the SUVA be declared liable for the consequences of the tumor disease. The Administrative Court dismissed the complaint.
Considerations
The Federal Court states that according to Art. 6 para. 3 and Art. 10 AOIA, the SUVA is only obliged to cover damages that are in a natural and adequately causal connection with the medical treatment and medical examination procedures necessitated…