Barría, Mercedes Clelia v. Provincia de Chubut et al.

B. 2207. XXXIX.
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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 for them. They claim that the respondents provided medical treatment for the plaintiffs’ kidney failure through a private health insurance company -Dialcer S.R.L.- until 1st December 2003 because the Province of Chubut stop paying the private health insurance company so then it didn’t provide any more services until the Provincial Government paid the debt. The plaintiffs filed the amparo protection and the precautionary measure with the Supreme Court of Justice by original jurisdiction because the Province of Chubut and the National Government were the respondents.

The precautionary measure was admitted making the private healthcare company – which was the actual health treatment provider- carry on with the medical treatment, to be ultimately reimbursed by the National and Provincial Government.

The Supreme Court of Justice admitted the original jurisdiction and held that the government of the Province of Chubut should take the necessary measures to maintain the plaintiffs treatment. Therefore, the Supreme Court admitted the precautionary measure.

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