Case 211
Country: BulgariaYear: 2008
Court: Върховен касационен съд (Vǎrhoven kasatsionen sǎd) [Supreme Court of Cassation]
Citation: Decision No. 211 on Case No. 6087/2007
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to health
The Plaintiff, T.D.Z., complained that the Bulgarian Ministry of Health failed to carry out the necessary procurement procedure for Zoladex, a cancer medication, for the period of 1 January 2004 to 1 March 2005. During this period, the plaintiff, a high-risk cancer patient, was essentially deprived of a key part of her treatment. As a …Read more
F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited
Country: IndiaYear: 2008
Court: High Court of Delhi
Citation: I.A 642/2008 IN CS (OS) 89/2008; 148 (2008) DLT 598, MIPR 2008 (2) 35
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to life
The Plaintiffs were the owners of the patented cancer-drug Erlotinib. Erlotinib is a Quinazolin derivative and destroys some types of cancer cells with little secondary effects. The Defendant announced that it was going to sell a generic version of Erlotinib in India and in foreign markets. The Plaintiffs sought a permanent injunction to stop the …Read more
Gómez Arambula, Carlos Humberto v. Instituto Nacional de Vigilancia deMedicamentos y Alimentos INVIMA
Country: ColombiaYear: 2008
Court: Higher Court on Administrative Law, Chamber of Administrative Litigation
Citation: Case File No. 11001-03-24-000-2002-00251-01
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Right to life
A Colombian citizen challenged before the Supreme Administrative Court the constitutionality of an administrative decision that allowed the Asociación Probienestar de la Familia Colombiana PROFAMILIA to import and distribute the emergency contraception pill Postinor 2. The petitioner argued that the drug suppressed life in its initial stages, acting as an abortive and therefore violating the …Read more
Jorge Gabarrot v. The State Health Services Administration
Country: UruguayYear: 2008
Court: Civil Appeals Court, 7th District [Tribunal Apelaciones Civil 7ºTº]
Citation: Sentencia No. 82/2008
Health Topics: Health systems and financing, Medicines
Human Rights: Right to health
Jorge Gabarrot, the plaintiff, requested an order requiring the State Health Services Administration (the “ASSE”) and/or the National Resource Fund to carry out a special treatment with enzyme replacement in the dosages determined by the Institute of Nephrology. The lower court had dismissed the measure requested by the plaintiff, and stipulated the closure of the …Read more
N. v. United Kingdom
Country: United KingdomYear: 2008
Court: European Court of Human Rights
Citation: Application No. 26565/05; [2008] ECHR 453
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
The applicant, a Ugandan national, was HIV positive and claimed that if the United Kingdom forced her to return to Uganda then she would not have sufficient access to medical treatment for her condition. She claimed that this result would violate her rights under Articles 3 (prohibiting torture and inhuman or degrading treatment or punishment) …Read more
R (on the application of M) v. Slough Borough Council
Country: United KingdomYear: 2008
Court: House of Lords
Citation: [2008] UKHL 52
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to housing, Right to social security
M was Zimbabwean citizen diagnosed as HIV positive, who was living in the United Kingdom while his appeal of a decision to return him to Zimbabwe was ongoing. Because of his illness, he applied to the local health authority to assess his needs for accommodation. The authority declined to provide accommodation to M. It determined …Read more
SASIA, Pablo Javier y otros v. Central Unit of State Acquisition of Medication and Related Goods (Unidad Centralizada de Adquisición de Medicamentos y Afines del Estado)
Country: UruguayYear: 2008
Court: Civil Appeals Court, 5th District [Tribunal Apelaciones Civil 5ºTº]
Citation: Sentencia Nº16/2008
Health Topics: Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health
This case was brought against the Central Unit of State Acquisition of Medication and Related Goods for supplying generic versions of antiretroviral drugs that were allegedly of lower quality than their original versions. The complainants alleged that their constitutional right to health had been violated. The complainants had lost at the trial court level and …Read more
Walsh v. Pharmaceutical Management Agency
Country: New ZealandYear: 2008
Court: High Court
Citation: [2008] NZHC 441; [2010] NZAR 101
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to participation
Herceptin was a drug used to treat an aggressive form of breast cancer called Her2, and it cost roughly $68000 to $70000 for a 12 month course. The first defendant, the Pharmaceutical Management Agency (Pharmac), was responsible for determining which pharmaceutical treatments would wholly or partially be subsidised by District Health Boards (DHBs). From 2001, …Read more
Case 209
Country: BulgariaYear: 2007
Court: Sofia Court of Appeal
Citation: Decision No. 209 on Case No. 161/2007
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
This case has been affirmed on appeal to the Supreme Court of Cassation. The Plaintiff was diagnosed with breast cancer in 1998. As part of her treatment, she was prescribed hormone medication and received a mastectomy. At one point, she was prescribed Zoladex, which which causes temporary cessation of ovarian function. . Although prescribed this medication, …Read more
Case RE 568073/RN
Country: BrazilYear: 2007
Court: Federal Supreme Court
Citation: RE 568073/RN, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
The Court of Justice found that the State of Rio Grande do Norte had the obligation of providing high-cost medication, free of charge, to an indigent individual suffering from melanoma. The Court of Rio Grande do Norte had previously dismissed an interlocutory appeal brought by the state. The State of Rio Grande do Norte filed an extraordinary …Read more