30 judgments found.

Hin Lin Yee and Another v. Hksar

Country: China
Year: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics: Medical malpractice, Medicines
Facts:

The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more

Tags: Drug quality, Drug safety, Duty of care, Health care professionals, Health care workers, Inappropriate treatment, Negligence, Standard of care
Download Judgment: English

Case АДМ-7-230/09

Country: Russia
Year: 2009
Court: Regional Court of Perm
Citation: Case No. АДМ-7-230/09
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines
Facts:

The state healthcare institution (“SHI”) appealed the imposition of an administrative fine of 10,000 rubles which had been imposed on it for a violation of Paragraph 3 Article 19.20 of the Code of Administrative Offences of the Russian Federation (“CAO RF”), which prohibited conducting activities in violation of the relevant license (here, licenses related to …Read more

Tags: Drug safety, Health care technology, Health facilities, Health regulation, Public hospitals
Download Judgment: English Russian

Roma Drug, et al. v. Glaxo SmithKline, et al.

Country: Philippines
Year: 2009
Court: Supreme Court
Citation: G.R. No. 149907
Health Topics: Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
Facts:

The National Bureau of Investigation (NBI) and the Bureau of Food and Drugs (BFAD) raided Roma Drug and five other drug stores at the request of SmithKline Beecham Research Limited (SmithKline), the authorized local distributor for its London-based parent company. In the raid, the NBI and BFAD seized several imported medicines sold by the drug …Read more

Tags: Access to drugs, Access to medicines, Clinical testing, Clinical trials, Drug quality, Drug safety, Drug testing, Generic drugs, Indigent, Intellectual property, Low income, Manufacturing, Patents, Pharmaceuticals, Poor, Spurious medicines, TRIPS
Download Judgment: English

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

Paxton v. Ramji

Country: Canada
Year: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more

Tags: Birth control, Child development, Childbirth, Children, Compensation, Contraception, Contraceptives, Counseling, Damages, Deaf, Differently abled, Disabled, Disclosure, Drug safety, Duty of care, Fertility, Handicapped, Health care professionals, Health care workers, Infant health, Informed choice, Maternal health, Negligence, Non-disclosure, Patient choice, Pediatric health, Pharmaceuticals, Physically challenged, Standard of care, Testing, Tort
Download Judgment: English

People’s Procuratorate of Taizhou City, Jiangsu Province v. Wang Guiping [江苏省泰州市人民检察院诉王桂平]

Country: China
Year: 2008
Court: High People's Court of Jiangsu Province
Health Topics: Medicines, Public safety
Facts:

The defendant appealed a decision from the Intermediate People’s Court of Taizhou City, Jiangsu Province (the “Intermediate Court”) finding him guilty of: (1) endangering public security by dangerous means; (2) selling counterfeit or fake products; and (3) falsely declaring registered capital. In 2005, the defendant used a counterfeited business license to develop a relationship with …Read more

Tags: Drug quality, Drug safety, Drug testing, Manufacturing, Safety regulation, Spurious medicines
Download Judgment: English Chinese

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

Treatment Action Campaign, et al. v. Rath, et al.

Country: South Africa
Year: 2008
Court: High Court (Cape of Good Hope Provincial Division)
Citation: [2008] ZAWCHC 34; [2008] 4 All SA 360 (C)
Health Topics: HIV/AIDS, Medicines
Facts:

The applicants, T and S, applied for relief against the 12 respondents in relation to certain vitamin-based pharmaceutical products (“Products”) which T and S alleged were being unlawfully distributed and marketed in South Africa as a treatment for AIDS while the distributors discredited legitimate antiretroviral medicines. T and S produced expert testimony that antiretroviral medicines …Read more

Tags: AIDS, Alternative medicines, Antiretrovirals, ARVs, Clinical trials, Drug quality, Drug safety, HIV, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Spurious medicines
Download Judgment: English

Affordable Medicines Trust, et al. v. Minister of Health, et al.

Country: South Africa
Year: 2006
Court: Constitutional Court
Citation: 2006 (3) SA 247 (CC); 2005 (6) BCLR 529 (CC)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to work
Facts:

In this constitutional challenge, the Applicants, including the Affordable Medicines Trust, applied for leave to appeal directly to the Constitutional Court an order of the High Court, which dismissed their constitutional challenge of certain aspects of a Government licensing scheme. The licensing scheme provided that health care providers, such as medical practitioners and dentists, could …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Drug safety, Generic drugs, Health regulation, Pharmaceuticals
Download Judgment: English

R (on the application of Rogers) v. Swindon NHS Primary Care Trust and Anr.

Country: United Kingdom
Year: 2006
Court: Court of Appeal, Civil Division
Citation: [2006] EWCA Civ 392
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The appellant Ann Rogers, suffered from type HER2 breast cancer, which was in its early stages. She had a poor prognosis of only a 25% chance of remaining free of breast cancer and a 43% chance of being alive at ten years. Herceptin was licensed by the European Medicines Agency (EMEA) for treatment of only …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Cancer, Clinical trials, Drug safety, Health expenditures, Health funding, Noncommunicable diseases, Out-of-pocket expenditures
Download Judgment: English