78 judgments found.

Pellett (Re)

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics: Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Community-based care, Compulsory treatment, Harm reduction, Informed choice, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Patient choice, Pharmaceuticals, Psychiatry, Psychosis, Psychotropic drugs, Schizophrenia
Download Judgment: English

Bayer Corporation v. Union of India, et al.

Country: India
Year: 2014
Court: High Court of Bombay
Citation: Writ Petition No. 1323 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Facts:

Bayer Corporation (Bayer) challenged the order(s) of 2012 and 2013 passed by the relevant statutory authority, the Controller of Patents (the Controller), granting a Compulsory License to Natco Pharmaceuticals Limited (Natco) of the drug Nexavar. Bayer developed the drug to treat patients suffering from kidney cancer. In 2008, the Controller granted a patent to Bayer …Read more

Tags: Access to drugs, Access to medicines, Cancer, Generic drugs, Intellectual property, Kidney disease, Manufacturing, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

Mohd Ahmed (Minor) v. Union of India, et al.

Country: India
Year: 2014
Court: High Court of Delhi
Citation: W.P.(C) 7279/2013
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Facts:

Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Child mortality, Children, Essential medicines, Genetic disease, Health expenditures, Health funding, Health regulation, Health spending, Indigent, Low income, Minor, Noncommunicable diseases, Out-of-pocket expenditures, Pediatric health, Pharmaceuticals, Poor, Pricing, Social security, Subsidies, Tertiary care, Underprivileged
Download Judgment: English

Logan v. Hong

Country: Canada
Year: 2013
Court: Court of Appeal for British Columbia
Citation: 2013 BCCA 249
Health Topics: Controlled substances, Health information, Medicines
Facts:

The plaintiff qualified for a class action suit and sought to gather members to the class. The class action was filed for physical harm suffered by patients who were injected with a cosmetic facial filler called Dermalive manufactured by Dermatech, Intradermal Distribution Inc., and Vivier Pharma Inc. The plaintiff proposed to directly notify class members …Read more

Tags: Confidentiality, Disclosure, Drug enforcement, Drug quality, Drug safety, Health care professionals, Health care workers, Health data, Health records, Manufacturing, Medical records, Pharmaceuticals
Download Judgment: English

Mehmet Senturk and Bekir Senturk v. Turkey

Country: Turkey
Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more

Tags: Access to health care, Access to treatment, Child mortality, Childbirth, Children, Clinics, Diagnostics, Duty of care, Emergency care, Examination, Health expenditures, Health facilities, Health funding, Inadequate treatment, Inappropriate treatment, Maternal health, Maternal mortality, Midwifery, Misdiagnosis, Negligence, Pharmaceuticals, Private hospitals, Public hospitals
Download Judgment: English

Novartis AG v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Civil Appeal Nos. 2706-2716 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Facts:

In 1998, Novartis AG, a multinational pharmaceutical company based in Switzerland, filed a patent application in India for the beta-crystalline form of imatinib mesylate, a drug used to treat chronic myeloid leukaemia, a type of blood cancer. In 2005, the Chennai Patent office heard patent oppositions to this application, including one filed by the Cancer …Read more

Tags: Access to drugs, Access to medicines, Cancer, Generic drugs, Intellectual property, Manufacturing, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

Case of Koch v. Germany

Country: Germany
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1621
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Differently abled, Disabled, Drug use, Handicapped, Harm reduction, Neurological diseases, Noncommunicable diseases, Pharmaceuticals, Physically challenged
Download Judgment: English

Minister of Health and Social Services v. Medical Association of Namibia

Country: Namibia
Year: 2012
Court: Supreme Court
Citation: [2012] NASC 7; SA 13/2010 and 21/2010
Health Topics: Health systems and financing, Medicines
Facts:

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

Tags: Access to drugs, Access to medicines, Health care professionals, Health care workers, Health regulation, Pharmaceuticals
Download Judgment: English

Patricia Asero Ochieng, et al. v. Attorney General, et al.

Country: Kenya
Year: 2012
Court: High Court at Nairobi
Citation: Petition 409 of 2009
Health Topics: Child and adolescent health, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Petitioners were citizens of Kenya living with HIV. They claimed that provisions of the Anti-Counterfeiting Act, 2008 (the Act) severely restricted access to affordable, essential medicines, including generic medicines for HIV-related diseases, in violation of their fundamental rights to life, dignity and health protected under articles 26(1), 28 and 43 of the Constitution of …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Children, Drug quality, Drug safety, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Manufacturing, Minor, Patents, Pediatric health, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Pricing, Spurious medicines, Transmission, Underprivileged
Download Judgment: English

Case 12/PUU-VIII/2010

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Right to a clean environment, Right to health, Right to housing
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Drug quality, Drug safety, Drug testing, Emergency care, Health care professionals, Health care workers, Health facilities, Health regulation, Pharmaceuticals, Primary care, Traditional medicine
Download Judgment: English Indonesian
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