74 judgments found.

Dbeis and Ors. v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: Court of Appeal, Civil Division
Citation: [2005] All ER (D) 283 (May); [2005] EWCA Civ 584
Health Topics: Chronic and noncommunicable diseases, Health care and health services
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to education, Right to family life
Facts:

The case was brought by a Lebanese citizen who had come to the UK in order to seek asylum for herself and her two children on the basis of persecution for her religious beliefs. Her claim for asylum on this ground was rejected, but she challenged her removal on the basis that removal would result …Read more

Tags: Access to health care, Access to treatment, Degrading treatment, Immigration, Indigent, Inhuman treatment, Migrants, Noncommunicable diseases, Poor, Underprivileged
Download Judgment: English

Gregg v. Scott

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 2
Health Topics: Chronic and noncommunicable diseases, Medical malpractice
Facts:

Mr. Gregg consulted Dr. Scott, his general practitioner about a lump under his arm. Dr. Scott diagnosed the lump wrongfully as being benign. However, it was later discovered that the tumor was cancerous and had spread to various other parts of Mr. Gregg’s body. As a consequence of the Dr. Scott’s misdiagnosis, treatment for Mr. …Read more

Tags: Cancer, Compensation, Damages, Duty of care, Misdiagnosis, Negligence, Noncommunicable diseases, Remedies, Tort
Download Judgment: English

Pelman ex rel. Pelman v. McDonald’s Corp

Country: United States
Year: 2005
Court: United States Court of Appeals, Second Circuit
Citation: Pelman ex rel. Pelman v. McDonald’s Corp 396 F.3d 508 (2d Cir. 2005)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health information
Human Rights: Right to health
Facts:

Plaintiffs, Ashley Pelman and Jazlen Bradley, brought suit against defendant, McDonald’s Corporation, for violating Section 349 and 350 of the New York General Business Law, known commonly as the New York Protection Act between 1987 and 2002 on three counts. Count I claimed that the effect of McDonald’s promotions was to create the false impression …Read more

Tags: Advertising, Awareness, Cancer, Diabetes, Diet, Disclosure, Food, Food safety, Health promotion, Heart disease, Malnutrition, Noncommunicable diseases, Obesity
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Pentiacova and Ors. v. Moldova

Country: Moldova
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life, Right to property
Facts:

Applicants filed a complaint with the European Court of Human Rights alleging that the Moldovan government’s inadequate financing of hemodialysis treatments violated their right to life, caused them significant pain and suffering, and negatively affected their families’ lives. Applicants were a group of patients suffering from liver failure and receiving hemodialysis treatments. They alleged that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Emergency care, Essential medicines, Health care technology, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Noncommunicable diseases, Out-of-pocket expenditures, Public hospitals
Download Judgment: English French Romanian

South Bucks District Council and Anr. v. Porter (FC)

Country: United Kingdom
Year: 2004
Court: House of Lords
Citation: [2004] UKHL 33
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services
Human Rights: Right to housing
Facts:

Mrs. Porter, a 62 year old Romany gypsy, lived in a mobile home on a plot of land that she purchased in 1985. Her occupation of the site was unauthorized from the beginning. The home provided the appearance of a “permanent dwelling” but was in violation of the local Council’s planning control that did not …Read more

Tags: Access to treatment, Aged persons, Asthma, Diabetes, Elderly, Forced displacement, Non-communicable diseases, Noncommunicable diseases, Older persons, Respiratory diseases, Senior citizens
Download Judgment: English

Wu Zhongze, et al. v. Shanghai Institute of Biological Products [WZZ等诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: No. 127
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

This case was an appeal to the Shanghai First Intermediate People’s Court by the parents of Wu Pengtao, a young boy who died in 2000 from AIDS. Wu Pengtao had contracted HIV/AIDS and Hepatitis C sometime prior to 1998 from allegedly tainted human coagulation factor VIII concentrates, which were used to treat his haemophilia A. …Read more

Tags: AIDS, Blood transfusion, Child mortality, Children, Compensation, Damages, Hepatitis, HIV, HIV positive, HIV status, Inadequate treatment, Minor, Negligence, Noncommunicable diseases, Pediatric health, People living with HIV/AIDS, PLHIV, Remedies, Standard of care, Tort, Transmission
Download Judgment: English Chinese

Adviento v Canada (Minister of Citizenship and Immigration)

Country: Canada
Year: 2003
Court: Federal Court
Citation: 2003 FC 1430
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Medicines, Poverty
Human Rights: Right to health
Facts:

The applicant was a citizen of the Philippines who entered Canada in 1990 under the Foreign Domestic Program, later renamed the Live-In Caregiver Program. She remained legally employed as a caregiver until her employment authorization expired in 1998. Nonetheless, she continued to stay and work in Canada. In 1994, the applicant was diagnosed with kidney …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Essential medicines, Examination, Health expenditures, Health facilities, Health funding, Health insurance, Kidney disease, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Poor, Testing, Underprivileged
Download Judgment: English

Stanfield v. The Minister of Correctional Services et al.

Country: South Africa
Year: 2003
Court: High Court - Cape of Good Hope Provincial Division
Citation: [2003] ZAWCHC 46
Health Topics: Chronic and noncommunicable diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer.  Prior to this diagnosis he had already suffered from advanced coronary disease.  The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Jail, Lung disease, Noncommunicable diseases
Download Judgment: English

Case 1586-2002-R

Country: Bolivia
Year: 2002
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons, Violence
Human Rights: Right to health, Right to life
Facts:

A constitutional amparo (writ of injunctive relief) petition was filed by Marco Marino Diodato del Gallo against the Governor of the Center for Rehabilitation “Santa Cruz” (the “Prison Governor”), alleging infringement of the claimant’s rights to life and health and safety. On March 12, 2001, the claimant suffered a triple heart attack caused by the …Read more

Tags: Abuse, Access to health care, Assault, Custody, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Noncommunicable diseases, Prison conditions
Download Judgment: English Spanish

Montgomery v. Pinchak

Country: United States
Year: 2002
Court: 3rd Circuit Court of Appeal
Citation: 294 F.3d 492 (2002)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Appellant, Montgomery, was an inmate at the East Jersey State Prison (the Prison). Montgomery suffered from a heart condition and was HIV-positive. He brought these proceedings against prison administrative officials, the private corporate entity providing medical care to the prison (CMS), and a physician employed by CMS as an independent contractor at the prison. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Detention, First-line treatment, Heart disease, Imprisonment, Inmate, Jail, Noncommunicable diseases, Pharmaceuticals, Second-line treatment, Secondary care, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Tertiary care, Torture
Download Judgment: English