Looney v. Moore
Country: United StatesYear: 2015
Court: District Court for the Northern District of Alabama
Citation: No. 2:13-CV-00733-KOB, 2015 WL 4773747 (N.D. Ala. Aug. 13, 2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice
The infant Plaintiffs in this case were part of the Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT), a clinical research trial aimed at measuring the effects of oxygen saturation levels in premature infants with low birth weights, at the University of Alabama-Birmingham Hospital. For the trial, participants were randomly assigned into groups, and the …Read more
Case of Hristozov v. Bulgaria
Country: BulgariaYear: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 47039/11 and 358/12
Health Topics: Health care and health services, Hospitals, Medicines
Human Rights: Right to family life, Right to health, Right to life, Right to privacy
The applicants were all terminally ill cancer patients (four of them died since the filing of the application). They were unsuccessful in trying to find a cure and tried many conventional treatments such as chemotherapy, radiotherapy and hormone therapy. Thereafter they approached a private clinic in Sofia and found out that an anti-cancer experimental product …Read more
Hristozov and Others v. Bulgaria
Country: BulgariaYear: 2012
Court: European Court of Human Rights
Citation: Application Nos. 47039/11 and 358/12
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
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
Roma Drug, et al. v. Glaxo SmithKline, et al.
Country: PhilippinesYear: 2009
Court: Supreme Court
Citation: G.R. No. 149907
Health Topics: Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
The National Bureau of Investigation (NBI) and the Bureau of Food and Drugs (BFAD) raided Roma Drug and five other drug stores at the request of SmithKline Beecham Research Limited (SmithKline), the authorized local distributor for its London-based parent company. In the raid, the NBI and BFAD seized several imported medicines sold by the drug …Read more
Treatment Action Campaign, et al. v. Rath, et al.
Country: South AfricaYear: 2008
Court: High Court (Cape of Good Hope Provincial Division)
Citation: [2008] ZAWCHC 34; [2008] 4 All SA 360 (C)
Health Topics: HIV/AIDS, Medicines
The applicants, T and S, applied for relief against the 12 respondents in relation to certain vitamin-based pharmaceutical products (“Products”) which T and S alleged were being unlawfully distributed and marketed in South Africa as a treatment for AIDS while the distributors discredited legitimate antiretroviral medicines. T and S produced expert testimony that antiretroviral medicines …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
NM v. Smith
Country: South AfricaYear: 2007
Court: Constitutional Court
Citation: [2007] ZACC 6; Case CCT 69/05
Health Topics: Health information, HIV/AIDS, Informed consent
Human Rights: Right to privacy
A publishing company published a biography on a South African member of parliament that disclosed the names of three women who were HIV-positive. The three women alleged that their names had been published in the book without their prior consent having been obtained. They had participated in clinical trials, known as the FTC 302 trials, directed …Read more
R (on the application of Rogers) v. Swindon NHS Primary Care Trust and Anr.
Country: United KingdomYear: 2006
Court: Court of Appeal, Civil Division
Citation: [2006] EWCA Civ 392
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
The appellant Ann Rogers, suffered from type HER2 breast cancer, which was in its early stages. She had a poor prognosis of only a 25% chance of remaining free of breast cancer and a 43% chance of being alive at ten years. Herceptin was licensed by the European Medicines Agency (EMEA) for treatment of only …Read more
Case 198546
Country: FranceYear: 2001
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°198546, 26 October 2001
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
The plaintiff’s husband was hospitalized due to severe renal failure. Conscious of his severe state of health, the husband wrote a statement ten days later stating that, as a Jehovah’s Witness, he refused to get any blood products or transfusions, even if there were essential to his survival. The doctors gave him a blood transfusion …Read more
People of the Philippines v. Estrada and Lanuza
Country: PhilippinesYear: 2000
Court: Supreme Court
Citation: G.R. No. 124461
Health Topics: Medicines
Human Rights: Right to health
The Petitioner sought to appeal an earlier order of the Supreme Court requiring that seized drugs be returned. In that case, the Court had declared a search warrant invalid for failing to meet constitutional requirements, and required the Petitioner to return the drugs seized in a contraband raid. The drugs had been found genuine upon …Read more