State Court compels the Health Department of Pernambuco to supply drugs without marketing approval
November 10, 2017

In the last few months, two lawsuits for drug supply were successful in Pernambuco. The cases refer to drugs used to treat multiple myeloma and hepatitis C. Both drugs have no marketing approval granted by the Brazilian FDA (ANVISA). According to the court, although the drugs are not registered at the ANVISA, they are legitimate in Brazil and have their efficacy attested by international authorities from several countries. This accordingly proves the absence of risk to the safety of Public Health. In this case, the Hon. Judge stressed that bureaucratic difficulties cannot prevail over constitutional right to Health and therefore compelled the Health Department of Pernambuco to gratuitously supply the drug to the patient. These decisions are part of a steady case law, including precedents from the Brazilian Supreme Court (STF). In light of the constitutional right to health, the government shall supply the drug to people with no financial conditions even if the drug is not included in the list of products provided by the Brazilian Unified Health System (SUS). If you have any questions or need additional information, please contact us at prevail@localhost/licks/site.

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