78 judgments found.

Jorge Gabarrot v. The State Health Services Administration

Country: Uruguay
Year: 2008
Court: Civil Appeals Court, 7th District [Tribunal Apelaciones Civil 7ºTº]
Citation: Sentencia No. 82/2008
Health Topics: Health systems and financing, Medicines
Human Rights: Right to health
Facts:

Jorge Gabarrot, the plaintiff, requested an order requiring the State Health Services Administration (the “ASSE”) and/or the National Resource Fund to carry out a special treatment with enzyme replacement in the dosages determined by the Institute of Nephrology. The lower court had dismissed the measure requested by the plaintiff, and stipulated the closure of the …Read more

Tags: Access to drugs, Access to medicines, Health funding, Health insurance, Pharmaceuticals
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N. v. United Kingdom

Country: United Kingdom
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 26565/05; [2008] ECHR 453
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
Facts:

The applicant, a Ugandan national, was HIV positive and claimed that if the United Kingdom forced her to return to Uganda then she would not have sufficient access to medical treatment for her condition. She claimed that this result would violate her rights under Articles 3 (prohibiting torture and inhuman or degrading treatment or punishment) …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cruel treatment, Degrading treatment, Essential medicines, HIV, HIV positive, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Refugees

Paxton v. Ramji

Country: Canada
Year: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more

Tags: Birth control, Child development, Childbirth, Children, Compensation, Contraception, Contraceptives, Counseling, Damages, Deaf, Differently abled, Disabled, Disclosure, Drug safety, Duty of care, Fertility, Handicapped, Health care professionals, Health care workers, Infant health, Informed choice, Maternal health, Negligence, Non-disclosure, Patient choice, Pediatric health, Pharmaceuticals, Physically challenged, Standard of care, Testing, Tort
Download Judgment: English

Treatment Action Campaign, et al. v. Rath, et al.

Country: South Africa
Year: 2008
Court: High Court (Cape of Good Hope Provincial Division)
Citation: [2008] ZAWCHC 34; [2008] 4 All SA 360 (C)
Health Topics: HIV/AIDS, Medicines
Facts:

The applicants, T and S, applied for relief against the 12 respondents in relation to certain vitamin-based pharmaceutical products (“Products”) which T and S alleged were being unlawfully distributed and marketed in South Africa as a treatment for AIDS while the distributors discredited legitimate antiretroviral medicines. T and S produced expert testimony that antiretroviral medicines …Read more

Tags: AIDS, Alternative medicines, Antiretrovirals, ARVs, Clinical trials, Drug quality, Drug safety, HIV, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Spurious medicines
Download Judgment: English

Walsh v. Pharmaceutical Management Agency

Country: New Zealand
Year: 2008
Court: High Court
Citation: [2008] NZHC 441; [2010] NZAR 101
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to participation
Facts:

Herceptin was a drug used to treat an aggressive form of breast cancer called Her2, and it cost roughly $68000 to $70000 for a 12 month course.  The first defendant, the Pharmaceutical Management Agency (Pharmac), was responsible for determining which pharmaceutical treatments would wholly or partially be subsidised by District Health Boards (DHBs). From 2001, …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Cancer, Clinical trials, Drug testing, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Noncommunicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Pricing, Reimbursement, Subsidies
Download Judgment: English

Case 2007-114f

Country: Belgium
Year: 2007
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2007-114f, 19 September 2007
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to work
Tags: Generic drugs, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Novartis AG v. Union of India

Country: India
Year: 2007
Court: High Court - Madras
Citation: (2007) 4 MLJ 1153
Health Topics: Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more

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

Affordable Medicines Trust, et al. v. Minister of Health, et al.

Country: South Africa
Year: 2006
Court: Constitutional Court
Citation: 2006 (3) SA 247 (CC); 2005 (6) BCLR 529 (CC)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to work
Facts:

In this constitutional challenge, the Applicants, including the Affordable Medicines Trust, applied for leave to appeal directly to the Constitutional Court an order of the High Court, which dismissed their constitutional challenge of certain aspects of a Government licensing scheme. The licensing scheme provided that health care providers, such as medical practitioners and dentists, could …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Drug safety, Generic drugs, Health regulation, Pharmaceuticals
Download Judgment: English

Case 2006-150f

Country: Belgium
Year: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-150f, 11 October 2006
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to work
Tags: Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Case 3015/2006

Country: Spain
Year: 2006
Court: Supreme Court
Citation: STS 3015/2006
Health Topics: Health systems and financing, Infectious diseases, Medicines
Human Rights: Right to health
Facts:

Appellant alleged that a resolution issued by the General Directorate of Pharmacy and Chemical Products (GDPCP) violated provisions in Spain’s Law of Medicines and General Law of Health by restricting the distribution of the pharmaceutical Rebetol for reasons other than objective reasons of health. When new pharmaceutical drugs were developed in Spain, owners of the …Read more

Tags: Access to drugs, Access to medicines, Essential medicines, Health insurance, Health regulation, Health spending, Hepatitis, Pharmaceuticals, Pricing, Social security, Subsidies
Download Judgment: English Spanish