Case AI 773049/RS
Country: BrazilYear: 2010
Court: Federal Supreme Court
Citation: AI 773049/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Medicines, Poverty
Human Rights: Right to health, Right to life
The Superior Court of Justice found that the State of Rio Grande do Sul had the obligation of providing the plaintiff in the case with medication free of charge because the plaintiff could not afford it. The court founded its decision on the constitutional rights to life, health, and human dignity.The state refused to comply …Read more
Case 2009-171
Country: BelgiumYear: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4611. C. C., n°2009-171
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more
Case 2008-120f
Country: BelgiumYear: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-120f, 1 September 2008
Health Topics: Medicines
Human Rights: Freedom from discrimination
Tags: Intellectual property, Manufacturing, Patents, Pharmaceuticals, Pricing
F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited
Country: IndiaYear: 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
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
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
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
Case 2005-086
Country: BelgiumYear: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-086, 4 May 2005
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Competition Commission v. Board of Healthcare Funders of Southern Africa
Country: South AfricaYear: 2005
Court: Competition Tribunal
Citation: 07/CR/Feb05
Health Topics: Health care and health services, Health systems and financing
The Competition Commissioner initiated a complaint and undertook an investigation into an alleged prohibited practice by the Respondent, Board of Healthcare Funders of Southern Africa. Respondent was an association that represented approximately 85% of medical aid schemes in South Africa that, among other things, determined, recommended and published benchmark tariffs for health care services annually. …Read more