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
Paxton v. Ramji
Country: CanadaYear: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …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
Case 2007-114f
Country: BelgiumYear: 2007
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2007-114f, 19 September 2007
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to work
Tags: Generic drugs, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Novartis AG v. Union of India
Country: IndiaYear: 2007
Court: High Court - Madras
Citation: (2007) 4 MLJ 1153
Health Topics: Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more
Affordable Medicines Trust, et al. v. Minister of Health, et al.
Country: South AfricaYear: 2006
Court: Constitutional Court
Citation: 2006 (3) SA 247 (CC); 2005 (6) BCLR 529 (CC)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to work
In this constitutional challenge, the Applicants, including the Affordable Medicines Trust, applied for leave to appeal directly to the Constitutional Court an order of the High Court, which dismissed their constitutional challenge of certain aspects of a Government licensing scheme. The licensing scheme provided that health care providers, such as medical practitioners and dentists, could …Read more
Case 2006-150f
Country: BelgiumYear: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-150f, 11 October 2006
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to work
Tags: Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Case 3015/2006
Country: SpainYear: 2006
Court: Supreme Court
Citation: STS 3015/2006
Health Topics: Health systems and financing, Infectious diseases, Medicines
Human Rights: Right to health
Appellant alleged that a resolution issued by the General Directorate of Pharmacy and Chemical Products (GDPCP) violated provisions in Spain’s Law of Medicines and General Law of Health by restricting the distribution of the pharmaceutical Rebetol for reasons other than objective reasons of health. When new pharmaceutical drugs were developed in Spain, owners of the …Read more