Aventis, a pharmaceutical company, applied for a preliminary injunction against infringement of its patent on its cancer drug Taxotere in order to restrain Cipla, an Indian pharmaceutical company, from importing, manufacturing or selling Cipla’s generic equivalent of the drug. Prior to this, Cipla had applied for revocation of Aventis’ amended patent on a number of …Read more

The applicants had terminal cancer, and all had either tried forms of conventional medicine (e.g. surgery, chemotherapy, radiotherapy and hormone therapy) or obtained a medical opinion that these treatments would not work for their illness. They then approached a private client in Sofia where they were told about an experimental anti-cancer product in development by …Read more

On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more

The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more

An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …Read more

The respondent plaintiff (continuing proceedings on behalf of her late husband) sued the appellant for negligently manufacturing and supplying tobacco products, which her husband smoked. She was also suing as a dependent widow. She further contended in support of her aggravated damages claim that the appellant company had a policy of destroying documents, which might …Read more

Appellant Ministry of Public Health (“MSP”) refused to provide the medicine CETUXIMAB to the plaintiff, arguing that, although it was obligated to ensure public health, it had no legal power to dispense medication directly to the population and that its refusal to provide the medicine was  also consistent with the fact that the drug was …Read more

This case was an appeal brought by the National Monetary Fund (“FNR”, for its initials in Spanish) in a protection action before the Second Chamber of the Court of Civil Appeals. The action was brought against Resolution No. 67, which had found for the claimant, determining that coverage for the drug “NEXAVAR-DROGA SORAFENIB”, should be …Read more

The appellant, joined by his spouse and children, filed suit against defendant Catholic Workers Circle of Uruguay, an affiliated collective medical assistance institution, to recover for loss of earning capacity and moral damages. The appellant’s doctor (co-defendant) at Catholic Workers Circle had diagnosed the appellant with a benign brain tumor and prescribed radiation therapy in …Read more