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CASE OF MILLER v. SWEDENDISSENTING OPINION OF JUDGE TÜRMEN

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Document date: February 8, 2005

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CASE OF MILLER v. SWEDENDISSENTING OPINION OF JUDGE TÜRMEN

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Document date: February 8, 2005

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DISSENTING OPINION OF JUDGE TÜRMEN

I fully agree with the dissenting opinion of Judge Baka, except for its last paragraph .

[1] Charcot-Marie-Tooth (“CMT”) is a disease discovered in 1886. CMT patients slowly lose their normal use of their feet/legs and hands/arms as nerves to the extremities degenerate. The muscles in the extremities become weakened due to the loss of stimulation by the affected nerves. Additionally, there is a loss of sensory nerve function. The degree of severity of the disease can vary greatly from patient to patient. Careful diagnosis of CMT involves, inter alia , a thorough review of the patient’s medical history. At present there is no cure for CMT, although physical therapy and moderate activity are often recommended to maintain muscle strength and endurance. Custom shoes or shoe inserts will help, as will leg braces. Surgery can help when medically indicated. Source : The Charcot-Marie-Tooth Association, “What is CMT”.

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