While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer.  Prior to this diagnosis he had already suffered from advanced coronary disease.  The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more

A constitutional amparo (writ of injunctive relief) petition was filed by Marco Marino Diodato del Gallo against the Governor of the Center for Rehabilitation “Santa Cruz” (the “Prison Governor”), alleging infringement of the claimant’s rights to life and health and safety. On March 12, 2001, the claimant suffered a triple heart attack caused by the …Read more

The Appellant, Montgomery, was an inmate at the East Jersey State Prison (the Prison). Montgomery suffered from a heart condition and was HIV-positive. He brought these proceedings against prison administrative officials, the private corporate entity providing medical care to the prison (CMS), and a physician employed by CMS as an independent contractor at the prison. …Read more

Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more

Applicant, a U.K. national, alleged that English law violated her rights under Articles 2 (right to life), 3 (freedom from torture or to inhuman or degrading treatment or punishment), 8 (right to respect for his private and family life) and 9 (right to freedom of thought, conscience and religion) of the European Convention on Human …Read more

P, who is a UK national, was four-limb deficient as a result of procomelia due to thalidomide. She also suffered kidney problems. On 20 January 1995, in the course of civil proceedings in Lincoln County Court for recovery of a judgment debt, P refused to answer questions regarding her financial status and was committed to …Read more

The applicant, a U.K. national, alleged that section 2(1) of the Suicide Act 1961, which contained an offence of aiding and abetting suicide under English law, violated her rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), in particular Articles 2 (right to life), 3 (freedom from torture …Read more

After her body rejected a kidney transplant, Rocio Mercadeo Zimerman began hemodialysis treatment with the National Health Fund (the “Fund”) on June 6, 1995. The treatment was authorized to continue for one year, but was discontinued on May 18, 1996 after Zimerman’s health was stabilized because of a new, successful kidney transplant. In March of …Read more

The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more

W suffered from Type II diabetes and was admitted to the hospital of the respondent (Northland Health Ltd) with chronic renal failure and brain damage in September 1996. He was discharged after he received dialysis and his condition improved. He was readmitted to hospital in June 1997 with end stage renal failure, the only cure …Read more