30 judgments found.

Case AI 773049/RS

Country: Brazil
Year: 2010
Court: Federal Supreme Court
Citation: AI 773049/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Superior Court of Justice found that the State of Rio Grande do Sul had the obligation of providing the plaintiff in the case with medication free of charge because the plaintiff could not afford it. The court founded its decision on the constitutional rights to life, health, and human dignity.The state refused to comply …Read more

Tags: Access to drugs, Access to medicines, Essential medicines, Indigent, Low income, Poor, Pricing, Underprivileged
Download Judgment: Portuguese

Case 2009-171

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4611. C. C., n°2009-171
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Facts:

The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more

Tags: Generic drugs, Health funding, Health insurance, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Case 2008-120f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-120f, 1 September 2008
Health Topics: Medicines
Human Rights: Freedom from discrimination
Tags: Intellectual property, Manufacturing, Patents, Pharmaceuticals, Pricing
Download Judgment: French Flemish

F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited

Country: India
Year: 2008
Court: High Court of Delhi
Citation: I.A 642/2008 IN CS (OS) 89/2008; 148 (2008) DLT 598, MIPR 2008 (2) 35
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to life
Facts:

The Plaintiffs were the owners of the patented cancer-drug Erlotinib. Erlotinib is a Quinazolin derivative and destroys some types of cancer cells with little secondary effects. The Defendant announced that it was going to sell a generic version of Erlotinib in India and in foreign markets. The Plaintiffs sought a permanent injunction to stop the …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Generic drugs, Intellectual property, Patents, Pharmaceuticals, Pricing, TRIPS
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

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

Case 2005-086

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-086, 4 May 2005
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Competition Commission v. Board of Healthcare Funders of Southern Africa

Country: South Africa
Year: 2005
Court: Competition Tribunal
Citation: 07/CR/Feb05
Health Topics: Health care and health services, Health systems and financing
Facts:

The Competition Commissioner initiated a complaint and undertook an investigation into an alleged prohibited practice by the Respondent, Board of Healthcare Funders of Southern Africa. Respondent was an association that represented approximately 85% of medical aid schemes in South Africa that, among other things, determined, recommended and published benchmark tariffs for health care services annually. …Read more

Tags: Access to treatment, Diagnostics, Examination, Pricing
Download Judgment: English
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