60 judgments found.

K.K. Kharbanda v. Union of India and Ors

Country: India
Year: 2009
Court: High Court - Delhi
Citation: [2009] INDLHC 940
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner, a government employee, submitted claims for (a) reimbursement for his wife’s cancer treatment prior to the 2003 date on which the Export Inspection Council (the “Council”) determined that certain Special Diseases, including cancer, would be exempted from a 3,600 rupee ceiling on reimbursement. The Council had not revised the rates since 1989;  (b) certain …Read more

Tags: Access to treatment, Cancer, Health care technology, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Yearworth v. North Bristol NHS Trust

Country: United Kingdom
Year: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 37
Health Topics: Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to property
Facts:

Six men appealed the decision of the Exeter County Court that denied recovery in tort for the damage of their sperm held in frozen storage at a facility run by the North Bristol NHS Trust (the “Trust”). All six of the men were diagnosed with cancer and were advised that chemotherapy was the appropriate treatment. …Read more

Tags: Assisted reproductive technology, Cancer, Compensation, Damages, Depression, Duty of care, Family planning, Fertility, Health facilities, In utero fertilization, In vitro fertilization, Infertility, Negligence, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Case 211

Country: Bulgaria
Year: 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
Facts:

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

Tags: Access to drugs, Access to medicines, Access to treatment, Cancer, Compensation, Damages, Inadequate treatment, Non-pecuniary damage
Download Judgment: English

F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited

Country: India
Year: 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
Facts:

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

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Generic drugs, Intellectual property, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more

Tags: Budget, Cancer, Clean water, Cleanliness, Contamination, Disclosure, Drinking water, Dysentery, Environmental degradation, Environmental hazards, Examination Electronic health information, Freedom of information, Garbage, Harm reduction, Health data, Health expenditures, Health funding, Health regulation, Health spending, Industrial waste, Lung disease, Noncommunicable diseases, Notification, Poisoning, Pollution, Potable water, Pulmonary diseases, Respiratory diseases, Safe drinking water, Safety regulation, Sewage, Toxic waste, Trash, Waste, Waste management, Water pollution, Water safety, Water-borne disease
Download Judgment: Spanish

Walsh v. Pharmaceutical Management Agency

Country: New Zealand
Year: 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
Facts:

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

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Cancer, Clinical trials, Drug testing, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Noncommunicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Pricing, Reimbursement, Subsidies
Download Judgment: English

Case 209

Country: Bulgaria
Year: 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
Facts:

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

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Cancer, Health expenditures, Health funding, Health regulation, Health spending, Hormone therapy, Hunger strike, Out-of-pocket expenditures, Second-line treatment, Suicide, Tertiary care
Download Judgment: English

Case 6501/2007

Country: Spain
Year: 2007
Court: Supreme Court
Citation: S.T.S. 6501, July 17, 2007.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Facts:

In 2002, Jose Maria was diagnosed with cancerous enlargements and was admitted to the Virgen de las Nievas Hospital, where he was treated with four cycles of chemotherapy and radiotherapy. One year later, he needed a surgery that public health services were unable to provide. As such, he went to the Teknon Clinic of Barcelona …Read more

Tags: Access to health care, Access to treatment, Cancer, Clinics, Emergency care, Health expenditures, Health funding, Health insurance, Health spending, Lung disease, Neurological diseases, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Secondary care, Social security, Subsidies, Tertiary care
Download Judgment: English

Case 529-2006

Country: Chile
Year: 2006
Court: Court of Appeals (Rancagua)
Citation: Corte de Apelaciones [C. Apel.][Court of Appeals], 20 junio 2006, Rol de causa: 529-2006, divorcio (Chile).
Health Topics: Aging, Chronic and noncommunicable diseases
Human Rights: Right to family life, Right to work
Facts:

Plaintiff, a 61-year old woman afflicted with colon cancer, filed a counterclaim to her husband’s divorce petition, seeking compensation. The Trial judge had considered compensation for divorce a matter of welfare and had thus provided for a very small amount of reparation damages, taking into consideration only the plaintiff’s immediate needs and the defendant’s economic …Read more

Tags: Aged persons, Cancer, Compensation, Elderly, Non-communicable diseases, Older persons, Senior citizens
Download Judgment: English Spanish

Case 572 (T.D.Z. Case)

Country: Bulgaria
Year: 2006
Court: Sofia City Court
Citation: Sofia CC 2006 - Decision No. 572. 1st instance of T.D.Z. Case
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
Facts:

T.D.Z. suffered from cancer and was prescribed an active treatment in 1998, which obtained good results. In 2002, T.D.Z. required chemical injections in order to induce binding menopause after which she was required to take hormone replacements. The Ministry of Health, however, was unable to provide T.D.Z. with the injections (Zodalex®) for April and May …Read more

Tags: Access to drugs, Access to medicines, Budget, Cancer, Compensation, Cruel treatment, Damages, Depression, Employment, Essential medicines, Health funding, Health regulation, Health spending, Inadequate treatment, Inhuman treatment, Non-pecuniary damage, Out-of-pocket expenditures, Pharmaceuticals, Reimbursement, Social security
Download Judgment: English