30 judgments found.

Qobalia v. Ministry of Labour, Health and Social Affairs

Country: Georgia
Year: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more

Tags: Awareness, Children, Compensation, Damages, Drug quality, Drug safety, Health data, Health education, Immunization, Informed choice, Labeling, Minor, Neurological diseases, Pediatric health, Tort, Vaccination, Vaccines
Download Judgment: English Georgian

The Affordable Medicines Trust, et al. v. Minister of Health and Director-General of Health

Country: South Africa
Year: 2005
Court: Constitutional Court
Citation: Case CCT 27/04
Health Topics: Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to work
Facts:

T, an organisation campaigning on behalf of those seeking affordable medicines in addition to promoting the rights of medical practitioners to dispense medicines to the public, together with N, an association of dispensing providers and M, a medical practitioner authorised to dispense medicines, challenged certain aspects of a licensing system governed by the Medicines and …Read more

Tags: Access to drugs, Access to medicines, Drug quality, Drug safety, Health care professionals, Health care workers, Health regulation, Inappropriate treatment, Labeling
Download Judgment: English

Asociación de Esclerosis Múltiple de Salta v. Ministerio de Salud – Estado Nacional

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 891. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Drug safety, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Neurological diseases, Social security, Subsidies
Download Judgment: English Spanish

Canada – Patent Protection of Pharmaceutical Products

Country: Canada
Year: 2000
Court: World Trade Organization
Citation: WT/DS114/R
Health Topics: Medicines
Facts:

The European Communities and their member States challenged Sections 55.2(1) and 55.2(2) of the Patent Act of Canada, which created exceptions to the exclusive rights of patent owners, as violating provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS” or “TRIPS Agreement”). Under Article 28.1 of the TRIPS Agreement, parties were to ensure patent owners the …Read more

Tags: Access to drugs, Access to medicines, Drug quality, Drug safety, Generic drugs, Intellectual property, Patents, Pharmaceuticals, TRIPS
Download Judgment: English

People of the Philippines v. Estrada and Lanuza

Country: Philippines
Year: 2000
Court: Supreme Court
Citation: G.R. No. 124461
Health Topics: Medicines
Human Rights: Right to health
Facts:

The Petitioner sought to appeal an earlier order of the Supreme Court requiring that seized drugs be returned. In that case, the Court had declared a search warrant invalid for failing to meet constitutional requirements, and required the Petitioner to return the drugs seized in a contraband raid. The drugs had been found genuine upon …Read more

Tags: Access to drugs, Access to medicines, Clinical testing, Clinical trials, Drug quality, Drug safety, Drug testing, Generic drugs, Manufacturing, Pharmaceuticals, Spurious medicines
Download Judgment: English

R v. Parker

Country: Canada
Year: 2000
Court: Ontario Court of Appeal
Citation: [2000] OJ No. 2787, 135 OAC 1
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Hospitals, Informed consent, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

Terrance Parker suffered from severe epilepsy since he was a young child. He could substantially reduce the incidence of seizures by smoking marihuana, but he had no legal source of marihuana. Parker was charged with cultivating marihuana under the Narcotic Control Act and with possession of marihuana under the new Controlled Drugs and Substances Act. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Clinical testing, Clinical trials, Criminalization, Drug enforcement, Drug safety, Drug use, Epilepsy, Experimental treatment, Harm reduction, Manufacturing, Marijuana, Neurological diseases, Patient choice, People who use drugs
Download Judgment: English

Sahil Society v. Union of India and Anr

Country: India
Year: 1998
Court: High Court - Allahabad
Citation: AIR 1999 All 87; 1998 AWC 306; 1998 4 AWC 306
Health Topics: Medicines
Human Rights: Right to health, Right to life
Facts:

The Petitioner, Sahil Society for the Welfare of Aged Poor and Homeless, filed a writ petition as a public interest litigation in the Allahabad High Court. The petition was filed under Article 226 of the Constitution of India (original jurisdiction of High Courts). The Petitioner requested the Court to direct the Union of India to …Read more

Tags: Access to drugs, Access to medicines, Drug quality, Drug safety, Essential medicines, Manufacturing, Spurious medicines
Download Judgment: English

Breen v. Williams

Country: Australia
Year: 1996
Court: High Court
Citation: (1996) 186 CLR 71; (1996) 43 ALD 481; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; [1996] HCA 57
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity, Right to property
Facts:

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

Tags: Confidentiality, Disclosure, Drug safety, Duty of care, Health information, Health records, Informed choice, Medical records, Patient choice, Standard of care, Tort
Download Judgment: English

Vincent Panikurlangara v. Union of India and Ors

Country: India
Year: 1987
Court: Supreme Court
Citation: 1987 AIR 990; 1987 SCR (2) 468; 1987 SCC (2) 165; JT 1987 (1) 610; 1987 SCALE (1) 490
Health Topics: Medicines
Human Rights: Right to health, Right to life
Facts:

The Petitioner, Vincent Panikurlangara, filed this public interest litigation in the Supreme Court. He sought directions for implementation of an adequate, central policy and establishment of a central drug standards authority, with suitable enforcement powers to ban “harmful and injurious drugs.” Sections 10-A and 26-Aof the Drugs and Cosmetics Act, 1940 (the Act) conferred on …Read more

Tags: Drug quality, Drug safety, Drug testing
Download Judgment: English

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council

Country: United States
Year: 1976
Court: Supreme Court
Citation: 425 U.S. 748 (1976)
Health Topics: Health information, Medicines
Human Rights: Freedom of expression, Right of access to information
Facts:

The Respondents, consumers of prescription drugs and non-profit organizations in Virginia, brought proceedings against the Virginia State Pharmacy Board, alleging that a Virginia statute prohibiting the advertising of prescription drug prices violated the freedom of speech clause of the First Amendment. Section 54-524.35 of the Virginia statute provided that: “a pharmacist licensed in Virginia was …Read more

Tags: Access to drugs, Access to medicines, Advertising, Drug quality, Drug safety, Manufacturing, Pharmaceuticals
Download Judgment: English