167 judgments found.

Cipla Medpro Ltd. v. Aventis Pharma SA

Country: South Africa
Year: 2012
Court: Supreme Court of Appeal
Citation: Case No: 139/2012 and Case No: 138/2012; [2012] ZASCA 108
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Right to health
Facts:

Aventis, a pharmaceutical company, applied for a preliminary injunction against infringement of its patent on its cancer drug Taxotere in order to restrain Cipla, an Indian pharmaceutical company, from importing, manufacturing or selling Cipla’s generic equivalent of the drug. Prior to this, Cipla had applied for revocation of Aventis’ amended patent on a number of …Read more

Tags: Access to drugs, Cancer, Generic drugs, Health insurance, Intellectual property, Out-of-pocket expenditures, Patents
Download Judgment: English

National Federation of Independent Business v. Sebelius

Country: United States
Year: 2012
Court: Supreme Court
Citation: 132 S. Ct. 2566 (2012)
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to property
Facts:

After significant political struggles, the US Congress enacted the Patient Protection and Affordable Care Act in 2010. This act had two components, 1) it obligated individuals to maintain “‘minimum essential’ health insurance coverage” through an individual mandate, 2) it contained an expansion of the federal Medicaid program that is run by US states. The constitutionality …Read more

Tags: Access to health care, Access to treatment, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Indigent, Low income, Poor
Download Judgment: English

Panaitescu v. Romania

Country: Romania
Year: 2012
Court: The European Court of Human Rights
Citation: ECHR 152 (2012)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Cancer, Clinics, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Subsidies
Download Judgment: English

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 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 828/2011

Country: Spain
Year: 2011
Court: Supreme Court
Citation: STS 828/2011
Health Topics: Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to work
Facts:

Mercadona SA (the “employer”) sought review of a decision from the appellate court that declared the dismissal of Mr. Fernando (the “employee”) null and void and required the employer to re-employ the employee and pay back-wages from the date of dismissal. The employee was hired as a manager at one the employer’s facilities in March …Read more

Tags: Disabled, Employment, Handicapped, Health insurance, Physically challenged
Download Judgment: English Spanish

Cambie Surgeries Corp. v. British Columbia (Medical Services Commission)

Country: Canada
Year: 2010
Court: Court of Appeal for British Columbia
Citation: 2010 BCCA 396
Health Topics: Health systems and financing
Facts:

In British Columbia (“BC”), the Medical Protections Act (“MPA”) prevents physicians who have opted out of BC’s public health care scheme from charging patients more than the amount charged for services under the public fee schedule. The Cambie Surgeries Corporation (“Cambie”) faced complaints of overbilling patients and “double dipping” – billing both the patient and …Read more

Tags: Health expenditures, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Reimbursement
Download Judgment: English

Case 0074/2010-R

Country: Bolivia
Year: 2010
Court: Constitutional Court [Tribunal Constitucional]
Citation: SC 0074/2010-R, Sucre, May 3, 2010.
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom of movement and residence, Right to health, Right to liberty and security of person, Right to life
Facts:

This case was an appeal of a petition for a writ of habeas corpus brought by the claimant, Eusebio Alejandro Soto, against Marcelo Cuellar Crespo, director of the San Juan de Dios Municipal Public Hospital. The claimant brought the petition against the hospital when he was detained there for failure to pay for his treatment …Read more

Tags: Access to health care, Access to treatment, Detainee, Detention, Emergency care, Health insurance, Out-of-pocket expenditures, Private hospitals, Public hospitals
Download Judgment: English Spanish

Case 1.240

Country: Romania
Year: 2010
Court: Curtea Cnstituţională (Constitutional Court)
Citation: Decision No. 1.240 of 7 October 2007
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health
Facts:

Two merged cases challenged the constitutionality of a law on health sector reform. The law provided care for insured person under the Health Insurance Fund. However, to be an insured person required that the person has paid all dues, including retroactive payments, even if that meant paying for coverage when no services were provided. These …Read more

Tags: Access to health care, Access to treatment, Health expenditures, Health funding, Health insurance
Download Judgment: English Romanian

Case 1437-2009

Country: Guatemala
Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 1437-2009, February 9, 2010.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to social security
Facts:

This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Maria Gabriela Garcia Fernandez, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her juvenile diabetes and chronic …Read more

Tags: Access to health care, Access to treatment, Diabetes, Employment, Health insurance, Kidney disease, Public hospitals, Social security
Download Judgment: English Spanish
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