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13 judgments found.


Case 52/2011

Country: Uruguay
Year: 2011
Court: Civil Appeals Court, 1st District [Tribunal Apelaciones Civil 1ºTº]
Citation: Docket No. 52/2011
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to health, Right to social security
Facts:

The appellant, joined by his spouse and children, filed suit against defendant Catholic Workers Circle of Uruguay, an affiliated collective medical assistance institution, to recover for loss of earning capacity and moral damages. The appellant’s doctor (co-defendant) at Catholic Workers Circle had diagnosed the appellant with a benign brain tumor and prescribed radiation therapy in …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Health care professionals, Health care workers, Health facilities, Health funding, Health insurance, Health regulation, Inappropriate treatment, Negligence, Out-of-pocket expenditures, Pharmaceuticals, Pricing, Reimbursement
Download Judgment: English Spanish

Case 169/2011

Country: Uruguay
Year: 2011
Court: Tribunal Apelaciones Civil 4ºTº (Civil Appeals Court, 4th District)
Citation: Rodriguez, Allison v. Executive Power and others – writ of amparo and appeal against refusal of leave to appeal Case No: 2-13.991/2011
Health Topics: Medicines
Human Rights: Freedom from discrimination, Right to health
Facts:

A previous judgment compelled the Ministry of Public health to deliver the drug “Cetuximab” to the plaintiff within three working days until the Ministry of Public Health decided whether or not to include the drug “Cetuximab” on the Therapeutic Drug Form (FTM). The judgement was appealed and appellants argued that the conditions required to proceed …Read more

Tags: Access to drugs, Access to medicines, Drug testing
Download Judgment: English Spanish

Case 179/2011

Country: Uruguay
Year: 2011
Court: Tribunal Apelaciones Civil 4ºTº
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

Appellant Ministry of Public Health (“MSP”) refused to provide the medicine CETUXIMAB to the plaintiff, arguing that, although it was obligated to ensure public health, it had no legal power to dispense medication directly to the population and that its refusal to provide the medicine was  also consistent with the fact that the drug was …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Health funding, Health insurance, Health regulation, Low income, Pharmaceuticals, Social security
Download Judgment: English Spanish

Case 393/2011

Country: Uruguay
Year: 2011
Court: Second Chamber of the Court of Civil Appeals [Tribunal de Apelaciones en lo Civil de Segundo Turno]
Citation: Decision No. 393/2011, 2nd Chamber of the Court of Civil Appeals, Montevideo, December 21, 2011.
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Right to health
Facts:

This case was an appeal brought by the National Monetary Fund (“FNR”, for its initials in Spanish) in a protection action before the Second Chamber of the Court of Civil Appeals. The action was brought against Resolution No. 67, which had found for the claimant, determining that coverage for the drug “NEXAVAR-DROGA SORAFENIB”, should be …Read more

Tags: Access to drugs, Access to medicines, Cancer, Health regulation, Liver disease, Non-communicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Reimbursement, Social security
Download Judgment: English Spanish

Case 39/2010

Country: Uruguay
Year: 2010
Court: Tribunal Apelaciones Civil 2ºTº
Citation: Sentencia No. 39/2010
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Medicines
Human Rights: Right to health, Right to life
Facts:

The appellant suffers from metastatic kidney cancer and was previously being treated with SORAFENIB. This treatment failed, and his treating physicians requested the National Resource Foundation (Fondo Nacional de Recursos, hereinafter FNR) to provide the patient with the drug SUNITINIB. The treating physician cited that this was the only treatment that had the potential to improve …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Cancer, Clinical testing, Drug testing
Download Judgment: English Spanish

Case 1713/2010

Country: Uruguay
Year: 2010
Court: Suprema Corte de Justicia [Supreme Court of Justice]
Citation: DECISION NO. 1713/2010, Supreme Court of Justice, Montevideo
Health Topics: Tobacco
Human Rights: Right to health
Facts:

The plaintiffs, a tobacco company, brought an unconstitutionality action before the Court, arguing that the Tobacco Control law, which gave the executive branch the authority to require that tobacco manufacturers use health warnings covering a minimum of 50% of the surface area of cigarette packages, violated the constitutional principles of legal reserve and separation of …Read more

Tags: Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Cardona, Luisa y otros v. Summum Medicina Privada S.A.

Country: Uruguay
Year: 2009
Court: Fifth Civil Court of Appeals
Citation: Judgment No. 90/2009; IUE: 2-25422/2009
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services
Human Rights: Right to life, Right to social security
Facts:

This case involved plaintiffs (parents of a minor) who filed a writ for protection of fundamental rights (amparo action) against a private insurance company (the defendant), claiming that their infant had a right to receive a milk substitute health supplement called Neocate, financed by the private medical insurance company.  The plaintiffs waited for four months …Read more

Tags: Child mortality, Children, Diet, Food, Health insurance, Infant health, Infant mortality, Minor, Out-of-pocket expenditures, Pediatric health, Reimbursement
Download Judgment: English Spanish

Case 20/2009

Country: Uruguay
Year: 2009
Court: Tribunal Apelaciones Civil Sexto Turno [Sixth Civil Appellate Court]
Citation: Office of the Public Ombudsman v. MVOTMA et al. Preventive action
Health Topics: Child and adolescent health, Environmental health
Human Rights: Right to a clean environment
Facts:

The Public Ombudsman brought a preventive action against the Ministry of Housing, Zoning and the Environment and the Municipal Government of Montevideo, for lead contamination in the soil of the neighborhood of La Teja. The contamination was discovered in 2001, and a number of measures were taken by relevant public agencies and by the executive …Read more

Tags: Children, Contamination, Environmental hazards, Industrial waste, Pediatric health, Poisoning, Pollution
Download Judgment: English Spanish

Case 03/2011

Country: Uruguay
Year: 2009
Court:
Citation: Third Civil Appellate Court [Tribunal Apelaciones Civil Tercer Turno]
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The claimant, Mr. Oscar Fontes, brought a protection action against the Ministry of Public Health (the “Ministry”) for its failure to provide him with the drug Cetuximab, as prescribed by his doctor for treatment of colon cancer. The drug was not included on the Therapeutic Drug Registry, and the Ministry denied his request. The claimant …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Health regulation, Out-of-pocket expenditures, Pharmaceuticals, Social security
Download Judgment: English Spanish

SASIA, Pablo Javier y otros v. Central Unit of State Acquisition of Medication and Related Goods (Unidad Centralizada de Adquisición de Medicamentos y Afines del Estado)

Country: Uruguay
Year: 2008
Court: Civil Appeals Court, 5th District [Tribunal Apelaciones Civil 5ºTº]
Citation: Sentencia Nº16/2008
Health Topics: Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health
Facts:

This case was brought against the Central Unit of State Acquisition of Medication and Related Goods for supplying generic versions of antiretroviral drugs that were allegedly of lower quality than their original versions. The complainants alleged that their constitutional right to health had been violated. The complainants had lost at the trial court level and …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Drug quality, Drug safety, Generic drugs, Health expenditures, Health funding, Health spending
Download Judgment: English Spanish

Jorge Gabarrot v. The State Health Services Administration

Country: Uruguay
Year: 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
Facts:

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

Tags: Access to drugs, Access to medicines, Health funding, Health insurance, Pharmaceuticals
Download Judgment: English Spanish

Case 16/2008

Country: Uruguay
Year: 2008
Court: Tribunal de Apelaciones [Court of Appeals]
Citation: Decision No. 16/2008
Health Topics: Medicines
Human Rights: Right to health
Facts:

The claimant brought an amparo action against Resolution 266/007, which awarded a contract for “Provision of Antiretroviral Medications” to a bidder offering 80% generic products, arguing that the Resolution violated the claimant’s right to health. The lower court rejected the protection action, and the claimant appealed the decision, submitting copious amounts of documents and evidence …Read more

Tags: Access to drugs, Access to medicines, Drug quality, Drug safety, Generic drugs, Pharmaceuticals
Download Judgment: English Spanish

Case 337/2007

Country: Uruguay
Year: 2007
Court: Tribunal Apelaciones Trabajo 3ºT [Labor Appeals Court, 3rd District]
Citation: DA SILVA, Alexandra v. BANK STATE INSURANCE. Writ of Amparo (F.2-13142/2007)
Health Topics: Health care and health services, Health systems and financing, Mental health, Occupational health
Human Rights: Right to health
Facts:

Appellant alleged she suffered a work-related injury resulting from her exposure to the toxic chemical Cyclohexanone causing dysphonia which left her virtually unable to speak for nine months and unable to work. Banco de Seguros del Estado (state insurance company) reviewed her case and found that she was not suffering from an occupational health disease …Read more

Tags: Access to treatment, Diagnostics, Employment, Health insurance, Mental disorder, Occupational disease, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English Spanish
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