A woman diagnosed with a form of breast cancer won her right to free treatment in court. She acted at the Alba Iulia Court of Appeal, the Government of Romania and the Ministry of Health. On March 25, 2024, the magistrates gave a sentence in this case.
He also sued the House of Health, but also the Agency that deals with the regulation of medicines.
It is a very common situation before the court in Alba Iulia. A situation that arises from the bureaucracy of the medical system and that of medicines.
The situation is similar to many other causes. A patient is diagnosed with a form of cancer. The doctor prescribes a drug treatment. When the patient gets to buy it, he finds out that the medicine is free only for certain types of cancer, not for the one with which he was diagnosed.
The only way he can get free treatment is to sue the Romanian Government, and ask for the diagnosis to be added to the list of diseases for which treatment can be granted free of charge.
The situation in the current case
According to the reasoning of the court dated March 25, 2024, the patient was diagnosed, in September 2022, with invasive breast carcinoma of the left breast NST (associated with CDIS) and was undergoing neoadjuvant chemotherapy.
He underwent several treatments, and the most recent one that was prescribed by the doctor is with the drug SACITUZUMAB GOVITECAN (trade name TRODELVY).
But for the type of cancer she was diagnosed with, treatment with the above drug is not compensated. As a result, he asked the court to offer him the treatment free of charge as an emergency.
The lawyer for the plaintiff requests the admission of the request for the issuance of the presidential ordinance in the sense of obliging the defendants to insure, on the basis of a medical prescription, in a 100% compensation regime (without personal contribution) the medicine SACITUZUMAB GOVITECAN (trade name TRODELVY), and that the execution be done without summons and without passing a deadline.
Inform the court that the plaintiff’s health condition is extremely serious, and the indicated medicine is necessary to save or considerably prolong the plaintiff’s life, the woman’s lawyer requested in court.
Court decision
In a single session, the magistrates, the Alba Iulia Court of Appeal, accepted the woman’s request.
It compels the defendants to provide the plaintiff, without summons and without a deadline, on the basis of medical prescription, in a 100% compensation regime (without personal contribution), the medicine SACITUZUMAB GOVITECAN (trade name TRODELVY).
Order the defendants to pay the plaintiff the sum of 2020 lei as court costs.
The decision was enforceable.
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