The Civil Court has ordered Bangkok Hospital to resume health services for six members of the Life Privilege Club and pay their court expenses.
In exchange for a single payment of 1 million baht -- which reports claim was later raised to 1.5 million -- club members were granted free or discounted medical treatment for life. However the programme was terminated on Jan 20.
The decision yesterday marked the culmination of a battle involving Juthathip Sanitphan and five other plaintiffs.
They sued Bangkok Dusit Medical Services Plc (BDMS), the company that operates Bangkok Hospital, for ending the programme without reimbursing members.
The six petitioners, who had all subscribed to the "lifetime" offer, urged the hospital to re-open services and provide medical staff. The court ruled that BDMS must honour its agreement.
Bangkok Hospital was ordered to pay 20,000 baht to each plaintiff to cover their legal fees and 5,000 baht for the court costs amassed since the case was accepted on June 9.
Ms Juthathip, who paid the lump sum in 2002, said she was satisfied with the ruling and hoped it would set a precedent for all hospitals to follow.
The Life Privilege Club also offers services to members at Phyathai Hospital 2, again operated by BDMS. On Jan 20, the company said it was scrapping the programme for legal reasons as it could be considered an insurance programme which BDMS is not authorised to operate.
In a letter to members, the firm said it would repay the subscription fee, plus 10% interest per annum for each year they had joined on a retrospective basis until Jan 20, 2017.
The programme has 300 members, a third of whom are suing the company for the same reasons. Some have been with the group since it was founded in 2001.
A source connected to the group said its contract with the hospital states the latter reserves the right to change the conditions at any time, save the cost of medical treatment.
If this were changed it would not be legally applicable to the founding members, the source said.
The Securities and Exchange Commission, according to the source, told the hospital that the Privilege Life medical package is offered as an insurance policy which requires a capital fund of 4 billion baht to be set up to support the scheme.
But members were puzzled as to how the hospital was able to justify cancelling the package and replacing it with a lesser treatment option.
It should be held responsible for not maintaining the package, they said. The court agreed with their complaint. It was unclear what potential bill the hospital will have to pay.