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

This case concerned whether there was unlawful discrimination under New Zealand’s Human Rights Act (1993) (“HRA”), where legislation provided financial support for a disability arising from an accident, but not for a disability arising from a degenerative process or the manifestation of a disease. Ms. Trevethicks (Plaintiff) suffered from multiple sclerosis. She could only drive …Read more

According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more

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

The Confederation of Ex-Servicemen Associations (the Petitioner) filed this public interest litigation in the Supreme Court under Article 32 of the Constitution (right to move the Supreme Court for a violation of fundamental right). Ex-servicemen, their families, and their dependents did not have access to full and free medical services as provided to serving defence …Read more

Vicki Yisraeli was gradually going deaf, and was diagnosed as having hearing at a level 15% of that of a healthy person. She sought a cochlear implant procedure to save her hearing. However, to obtain one, she was required under the Second Supplement of the National Insurance Law, 1994 (the Law) to pay a participation …Read more

The decision addressed three petitions with similar facts. In all three cases, the petitioners were diagnosed with cancer and prescribed a medication not included in the health services basket available under the national health care services (which was prohibitively expensive to purchase individually). By the time two of the petitions came to the Court, however, …Read more

Connor Auton and his three co-petitioners were infant children suffering from autism. Applied Behavioral Analysis or Intensive Behavioral Intervention (ABA-IBI based therapy) was the only known, effective therapy for children with autism, although it remained a somewhat controversial and expensive treatment. Neither the Medicare Protection Act, R.S.B.C. 1996, c. 286, nor the Canada Health Act, …Read more

The National Commission on Benefits of the National Health Treasury (CNS) provided free medical insurance for the elderly. Alejandro Cuba Plaza, a beneficiary of CNS, was diagnosed with “terminal chronic kidney failure” and treated with ongoing hemodialysis at Obrero Hospital. After 52 weeks of treatment, CNS ordered the Director of Obrero Hospital to transfer Plaza …Read more

In this case a number of petitioners challenged the constitutional validity of an act reforming the public health insurance system. The impugned provisions were: Article 3 of the Act inserted articles which provide for establishment provides for the establishment of a system to promote coordination, quality and continuity of care and will allow for monitoring …Read more