The Minister of Health and Social Services issued regulations for the Medicines Act that created a licensing scheme for medical practitioners to be able to continue to dispense certain medicine. It also established a three-month transitional grace period, where medical practitioners already dispensing medicine could apply for the license and continue dispensing medicine while their …Read more

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

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

This case is an appeal from the Court of Appeal’s decision of [2011] NZCA 246.  Under the Contraception, Sterlisation and Abortion Act 1997 (the Act), a woman in New Zealand is eligible for an abortion if two certifying consultants agree the pregnancy will seriously harm that woman’s physical or mental health.  The Abortion Supervisory Committee (the …Read more

The Plaintiffs were nurses and heads of rural health centers in the East Kalimantan Province of Indonesia. They challenged two provisions of Law No. 36 of 2009 Concerning Health. These were Article 108(1), which allowed only certain “health workers” to prescribe and distribute medicines, and Article 190(1), which made it an offence for workers in …Read more

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

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

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

The State of São Paulo filed an interlocutory appeal against the decision of the lower court (Tribunal de Justicia del Estado de São Paulo) that recognized the Public Prosecutor’s Office as a legitimate party to bring civil actions to protect “unavailable individual interests.” The state argued that the decision contravened articles 129 (institutional functions of the …Read more

The plaintiff brought the case to the Federal Criminal Court of Lomas de Zamora [Juzgado Federal en lo Criminal y Correccional N° 2] against the responsible of the Federal Program of Health [Programa Federal de Salud (P.R.O.F.E.)] who were not providing the medicines and dialysis equipment for the treatment of her seven year old daughter, …Read more