The Appellant, Meenakshi Pharma Distributors, had conducted various transactions with the authorities of the State of Karnataka for the sale of drugs. The contract stipulated that “if the payment is delayed beyond the period of 30 days, interest shall be payable at the rate of 15 per cent.” However, the trial court reduced the rate …Read more

The petitioner, Ricardo Lachman, brought action on behalf of  La Fundación Pro Bienestar y Dignidad de las Personas Afectadas por el VIH/SIDA (Foundation for the Well-Being and Dignity of Persons with HIV/AIDS) and his patient Jorge Nelson Moran Jaen against the Social Security Fund for denying Nelson Moran HIV/AIDS treatment medications prescribed by Lachman. The …Read more

Through a representative, 418 parents, inhabitants of the sector of Puenta Aranda in Bogota, filed a tutela against the national and district health authorities alleging that the authorities’ failure to provide a free vaccination program against meningitis violated the duty to protect the health of their children. The Plaintiffs were poor, worked in the informal …Read more

Mr. Francois X, a pharmacist practicing in the Rosny-sou-Bois commercial center, along with his employer, the Plus Pharmacie association, requested the annulment of decree no 96-531 of June 14 1996. The decree related to advertisement of medications and other products for medical use. The decree modifies the public health code to insert a new article …Read more

Petitioner brought case to force the government of Argentina to take all necessary measures to produce the WHO-certified vaccine for the Argentine Hemorrhagic Fever to ensure the immediate administration of the vaccine to the populations at risk of contracting the virus.  The vaccine had been shown to be 95% effective against the disease.  The project …Read more

M, a medical practitioner in private practice, had his property searched pursuant to section 28(1) of the Medicines and Related Substances Control Act, which empowered inspectors appointed by the respondent Interim National Medical and Dental Council of South Africa (“Council”) to search any premise, place, vehicle, vessel or aircraft where there was a reasonable suspicion …Read more

The European Communities (EC) raised issue with India’s efforts to comply with Articles 70.8 and 70.9 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) due to the alleged absence of adequate patent protection for pharmaceutical and agricultural chemical products. Prior to this case, a panel decision addressed the situation in respect to …Read more

The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more

Persons living with HIV/AIDS had filed a guarantee of protection of individual constitutional rights (amparo protection) with the the lower court against the Ministry of Health, claiming that their HIV/AIDS medical treatment was willingly suspended, violating their right to health and jeopardizing their right to life. After the filing of the action, the treatment was …Read more

The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more

The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995,  B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more

Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more

The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more

Petitioner brought an action against the Social Security Service of Costa Rica, asserting that the institution arbitrarily stopped providing patients with pharmaceuticals for the treatment of HIV/AIDS, in violation of petitioner’s constitutional right to health. The petitioner sought the recognition of an obligation on the part of the Social Security Service of Costa Rica to …Read more

In 1985 the Petitioners wrote a letter to the Court regarding the deteriorating state of the Ranchi Mansik Arogyashala, a mental hospital (the Hospital) in Bihar. The Court treated it as a public interest litigation under Article 32 of the Constitution. The Court directed the Chief Judicial Magistrate to visit the Hospital and submit a …Read more

The Petitioner, Vincent Panikurlangara, filed this public interest litigation in the Supreme Court. He sought directions for implementation of an adequate, central policy and establishment of a central drug standards authority, with suitable enforcement powers to ban “harmful and injurious drugs.” Sections 10-A and 26-Aof the Drugs and Cosmetics Act, 1940 (the Act) conferred on …Read more

Ms. Sidaway brought an action in negligence against Bethlem Royal Hospital and the hospital’s surgeon after she was left severely disabled from a spinal operation. Ms. Sidaway, who suffered from constant shoulder and neck pains, was advised by a surgeon employed by the hospital to have an operation on her spinal column to relieve her …Read more

The Respondent, Population Planning Associates (PPA) was a corporation primarily engaged in the mail-order retail sale of nonmedical contraceptive devices. PPA regularly advertised its products in periodicals, and accepted and filled orders by mailing contraceptives to purchasers. The advertisements and order forms did not limit the availability of PPA’s products to persons of any particular …Read more

The Respondent, Gamble, an inmate in a state correctional facility, brought suit challenging the actions of the appellants, medical personnel at the facility, claiming they had subjected him to cruel and unusual punishment for inadequate treatment of a back injury suffered while he was undertaking prison work. After sustaining the injury, Gamble was seen by …Read more

The Respondents, consumers of prescription drugs and non-profit organizations in Virginia, brought proceedings against the Virginia State Pharmacy Board, alleging that a Virginia statute prohibiting the advertising of prescription drug prices violated the freedom of speech clause of the First Amendment. Section 54-524.35 of the Virginia statute provided that: “a pharmacist licensed in Virginia was …Read more

The Respondent was convicted under chapter 272 of the Massachusetts General Laws (Crimes Against Chastity, Morality, Decency and Good Order) (the Act) for exhibiting contraceptive articles while presenting a lecture on contraception to a group of university students, and for providing a contraceptive article to a young woman after the lecture. Section 21 of the …Read more

The Appellants, who had opened a birth control clinic, were convicted under the General Statutes of Connecticut of 1958 (the Act) as accessories in crime for providing information and medical advice on contraception and prescribing contraceptives to married individuals. The Act criminalized the use of “any drug, medicinal article or instrument” by any person “for …Read more

Plaintiff, Darius M. Manlove, as administrator, brought suit against defendant, Wilmington General Hospital, a private hospital, to recover damages for the wrongful death of his infant, Darien E. Manlove, who was refused treatment at the emergency ward of the hospital.  On January 4, 1959, four month old Darien E. Manlove developed diarrhea and a fever. …Read more

The Petitioner was an accused seeking bail on the grounds of ill health. In the meantime, he had filed a motion asking for permission to be confined and treated in a hospital while the bail petition was being considered. The People’s Court ordered that the Petitioner be temporarily confined and treated in the Quezon Institute, …Read more

Jose Vicente Moreno, the plaintiff, was affiliated with the health promoting entity E.P.S. of the I.S.S. del Valle (“E.P.S of I.S.S.”). Due E.P.S. of I.S.S.’s failure to provide medical services that the plaintiff required for the treatment of a catastrophic illness, he filed an transfer request before the health promoting entity Comfenalco E.P.S. (“E.P.S. Comfenalco”), …Read more