Morelli, Miriam v. Ministerio de Salud de la Nación et al
Country: ArgentinaYear: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 432. XLV. COM
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life
The patient filed a case against the National Ministry of Health and the health insurance company “Solidaridad Obra Social Bancaria Argentina” to obtain access to medication for an oncology treatment. The First Instance Court [Juzgado de Garantías N° 3 de Lomas de Zamora, Provincia de Buenos Aires] dismissed the claim. Then the plaintiff brought the case …Read more
Pannuto Martin Javier et al. v. Instituto de Obra Social de la Provincia de Entre Rios (I.O.S.P.E.R.)
Country: ArgentinaYear: 2009
Court: Civil Court of Appeal of Entre Ríos [Cámara de Apelaciones en lo Civil - Entre Ríos]
Health Topics: Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
The plaintiffs, a married couple, filed a precautionary measure against the Health Insurance of the Province of Entre Ríos to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) until the pregnancy was achieved. The co-plaintiff suffered from oligoastenozoospermia which left him infertile so they requested the health insurance company to provide coverage …Read more
Pensioners of BANDESA v. Guatemala
Country: GuatemalaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 102/09, Petition 1380-06, October 29, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to social security
This case concerned a petition received by the Inter-American Commission on Human Rights (“IACHR”) from the Workers’ Pension Plan Association of the Banco Nacional de Desarrollo Agricola (National Agricultural Development Bank) (BANDESA). The petition was brought on behalf of 179 former BANDESA workers against the Republic of Guatemala. The petitioners alleged that the State of …Read more
Sureda, Lucas v. Obra Social del Poder Judicial de la Nación
Country: ArgentinaYear: 2009
Court: Supreme Court of Justice [Corte Suprema de Justica de la Nación Argentina]
Citation: L. XLIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
Lucas Marino Sureda, a patient who suffered from multiple sclerosis, brought this case against the Health Insurance of the Judiciary to pay for an experimental T-Cell vaccine therapy. The patient claimed that he had been under an approved treatment since 1996 and it has caused his condition to worsen. The plaintiff went to the Regina …Read more
Torrillo, Atilio Amadeo et al. v. Gulf Oil Argentina S.A. et al.
Country: ArgentinaYear: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 205. XLIV.
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to favorable working conditions, Right to health
The Plaintiffs, parents of a worker who died in a fire at his workplace, sued their son´s employer for damages. They alleged that the employer had not implemented appropriate measures to deal with situations of emergency such as the fire that caused their son’s death. The lower court accepted the claim of the Plaintiffs, awarding …Read more
Wong v. Commonwealth
Country: AustraliaYear: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more
Yolanda v. Regional Healthcare Department of the Generalitat Valenciana
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more
Case 2008-136f
Country: BelgiumYear: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-136f, 21 October 2008
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination
Tags: Health insurance, Workers' compensation
Case 2008-139f
Country: BelgiumYear: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-139f, 22 October 2008
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination
Tags: Health insurance, Workers' compensation
Case VII SA/Wa 424/08
Country: PolandYear: 2008
Court: The Voivodeship Administrative Court in Warsaw [Wojewódzki Sąd Administracyjny w Warszawie]
Citation: Case File No. VII SA/Wa 424/08
Health Topics: Health systems and financing
The plaintiff’s son had a congenital heart defect and sought surgery at University Hospital in M , which was outside of Poland. The plaintiff applied to the Polish National Health Fund to pay for the treatment. While awaiting the decision of the President of the National Health Fund, the plaintiff had the surgery performed. As …Read more