No refund for shaman treatment

Verdict: Shamanic treatment will not be refunded

22.11.2012

A cancer patient tried to sue for the cost of a shamane treatment that she thought had gone wrong, and thus failed before the 16th Senate of the Higher Regional Court in Cologne. Also, a complaint of pain and suffering was dismissed by the court. The grounds for the judgment stated that the plaintiff „should have been aware that she had left the ground of secure scientific knowledge“. A secured promise of healing on the part of the defendant was therefore not possible (Az. OLG Cologne 16 U 80/12).

In the negotiated case, a cancer patient failed to sue for the cost of a shamanic treatment. With the help of a website, the plaintiff had turned to a woman who advertise on her website together with her husband and father in law for shamanic treatments. These take place in a camp in the Peruvian forest. The plaintiff then undertook a trip to Peru to carry out the shamanic treatments with plants and juices. For the treatment, a total of five weeks were estimated and the treatment should be performed by the father-in-law.

For the journey and therapy, the patient registered herself and her husband. The cost per person 4420 euros. In addition, the spouses spent 4028 euros for the flights to Lima. Because the plaintiff found the conditions on the ground to be unreasonable, the patient broke off the treatment and left prematurely. Also, the hoped for therapeutic success remained, according to the plaintiff. Now, the plaintiff wanted to sue the travel expenses and compensation for pain from the organizer.

The Higher Regional Court ruled that reimbursement of the costs was out of the question. In the course of the evidence, it could not be proven that the patient had concluded a travel contract with the organizer. In addition, there is no liability claim against the defendant. For the conditions on the ground in Peru, the defendant bears no responsibility. Also, the circumstances under which the treatment took place can not be blamed on the defendant. Also the defendant did not deceive over the localities, so the court. Appropriate prospects for chances of recovery of the cancer patient were not considered a binding commitment. The spouses should have been aware that they leave the soil of scientific knowledge in the shamanic treatments. Even so, no sure promise of healing could have been made. The judgment is final and can no longer be challenged. (Sb)

Picture: HHS