The plaintiff filed a suit against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] and Prestaciones Médico Asistenciales S.A. [PAMI] for the reimbursement of the surgical procedure the plaintiff had to go through in a Hospital that wasn’t designated by the health insurance company. This occurred because …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) with the Federal First Instance Court against the Province of Buenos Aires and the State for them to provide comprehensive coverage for her sclerosis multiple treatment because she didn’t have the economic resources to afford the medicine. The State provided her 3 boxes …Read more

The plaintiff, Asociación Vecinal Belgrano C Manuel Belgrano, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Government of the City of Buenos Aires and Metrovías S.A so that they performed the corresponding measures to stop the noise pollution generated in the Metro C and Metro D, that damaged the passengers health. …Read more

The Petitioners were persons living with HIV. They brought action against the Ministry of Health of Argentina for failing to provide necessary medical treatment guaranteed by the Programa Nacional de Lucha contra el S.I.D.A. (National Programme Against AIDS). Petitioners filed a writ of amparo requesting judicial protection of their right to health and requesting that …Read more

A 29-year-old construction worker fell 10 meters from veneer roof while at work, rendering him permanently and totally disabled. No safety devices were provided by the employer, including a net or other protection mechanism to protect workers from falls.  The worker brought an action challenging the constitutionality of Article 39(1) of the Occupational Risks Law …Read more

Man brought appeal for legal protection against the Superintendence for the Welfare of Federal Police of Argentina (Superintendencia de Bienestar de la Policía Federal Argentina), requesting that the court order the Superintendence to continue to provide the economic assistance needed to cover overseas treatment for his daughter, who suffered from spinal muscular atrophy (Werdning-Hoffman disease). …Read more

The Petitioner brought action against Obra Social de Empleados de Comercio y Actividades Civiles (Osecac) for discrimination and violations of his rights to life and health. The Petitioner had received health insurance coverage from Osecac through his employer for seven years. Following termination of his job, the Petitioner sought to continue coverage with Osecac. However, …Read more

Parents of daughter with disabilities brought action for legal protection against the Armed Forces of Argentina, as a State organ, for failing to ensure comprehensive coverage of the needed treatment for their daughter.  The appeals court reversed the trial court’s decision that granted Petitioners legal protection.  The appeals court found that a) Petitioners did not …Read more

The 939/00 Obligatory Medical Program provided medication to persons suffering from multiple sclerosis and isolated demyelinating syndrome, a precondition of multiple sclerosis. The National Ministry of Health passed a resolution to amend this program. The resolution had the effect of excluding from the program all isolated demyelinating syndrome sufferers and any multiple sclerosis sufferers who had …Read more

Brigida Díaz was told by her doctors that she urgently needed surgical intervention to replace her pacemaker. Her original pacemaker had been covered by a social welfare scheme, and she had used these funds to replace it once. However, by the time she was told that her pacemaker needed to be replaced a second time, …Read more

Parents brought a case against Swiss Medical Groups, S.A., on behalf of their infant child suffering from a condition which required urgent treatment. Petitioners requested extraordinary remedies from the Court, asking the Court to order Swiss Medical Groups, S.A., to provide the necessary and urgent medical treatment to their child. Petitioners claimed that by not …Read more

The League of Housewives, Consumers and Users of Argentina [Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina] requested that judiciary declare that articles 5 and 7 of Act 418 and its amendment 439 of the City of Buenos Aires were contrary to the National Constitution. The Plaintiff alleged that under the …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), the Province of Buenos Aires, and the National State to provide her HIV/AIDS medication, arguing that her right to health was violated. The plaintiff claimed that she complied with all the requirements …Read more

The plaintiffs, Mercedes Clelia Barria and Juan Carlos Figueroa, filed a guarantee of protection of individual constitutional rights (amparo protection) and a precautionary measure against the Government of the Province of Chubut and the National Government, both responsible for the Federal Health Program (a , to obtain the continuation of the medical treatment which was essential …Read more

An Action of Protection was held against the National Health Ministry of Argentina by an Association from the Province of Salta that represents people who suffers from Multiple Sclerosis (M.S.). Due to the changes the Health Ministry did to the health care charter, which includes the treatments that must be covered by the private healthcare …Read more

A 55-year-old woman suffering from multiple sclerosis brought case against the Government of Argentina and the Province of Buenos Aires for acts and omissions that prevented the provision of the medications necessary for her condition that she could not afford. The petitioner’s illness did not fall within the provincial government’s jurisdiction for coverage. Therefore, the …Read more

Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more

The plaintiff, a non profit organization that defended the life of children, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Ministry of Health and Social Service calling for the prohibition of the manufacture and distribution of an emergency contraceptive pill called “Inmediat” for its alleged “abortive effects”. The First …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and the Province of Buenos Aires to obtain coverage for the medical treatment that he required. The case was brought by the Federal Court of Appeals to the Supreme Court of Justice because it understood that it …Read more

The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), and subsequently, the Province of Buenos Aires and the National State to provide health coverage for their underage son who was disabled. The plaintiffs argued that as the health insurance company …Read more

Hospital Británico de Buenos Aires, a private health service provider, filled a guarantee of protection of individual constitutional rights (amparo protection) against the Federal State requiring the judiciary to declare that the National Act 24.754 was contrary to articles 14, 17, 28 and 33 of the National Constitution. The law obliged private health service providers …Read more

Oscar Álvarez, a 46 year old man who was disabled, unable to work and facing economic difficulties, filed an guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the National State. The plaintiff stated that he suffered from paralysis, both for congenital reasons and as a result of an accident. …Read more

The Petitioner, Roberto Eduardo Etcheverry, worked for ISC Bunker Ramos S.A between April 1992 and June 1993, and was formally employed by them until 1997. During his employment, he was a member of Omint, a health insurance company. His coverage with Omint was paid for by ISC Bunker Ramos under an unwritten arrangement. ISC Bunker …Read more

Adoptive father of child with cerebral paralysis brought case against the State of Argentina and its dependent agencies to force them to fulfill their obligations under Arts. 3 (second paragraph) and 4 of Law N° 24.901 (subsidized healthcare system) , and Art. 23 of the International Convention on the Rights of the Child (Right of …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more

The plaintiff, Maria Constantina Capizzano de Galdi, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Welfare Institute (“Instituto de Obra Social”) in order to restore the medical service that was no longer offered to her. The plaintiff’s medical services were suspended by the respondent by a resolution for failure …Read more

Asociación Benghalensis and other non-governmental organizations involved in HIV work brought action pursuant to the Constitution of Argentina and Law No. 23.798 against the government for its failure to provide health services, treatment and special administration of medicines to people living with HIV. Law No. 23.798 declared the response to HIV to be a national …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the name of her son, who suffered from Kostmann’s disease, a severe bone marrow defect. Because of this disease, the plaintiff’s son was entirely dependent on a medicine called Neutromax 300. From June 1996 to December 1998, the National Bank of Antineoplastic …Read more

Cristina Beatriz Alcalá filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and Social Action to obtain the drug, Indinavir, to continue her treatment against AIDS and to test her viral load. She indicated that the treatment consists of a cocktail of drugs consisting of AZT, 3TC and …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the health insurance company which covers her son to compel them to perform a high complexity surgery. The health insurance company argued that it wouldn’t cover the surgery because it was not included in the healthcare, and that the plaintiff should …Read more