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If there is experience and medical reports indicating medications and if the initial treatment with the remedies available in the public network was not satisfactory, it is possible to compel the State to pay for high-cost medications whose use is not intended for a specific disease. With this understanding, Judge Djalma Moreira Gomes, of the 25th Federal Civil Court of São Paulo, granted the request of a man suffering from multiple sclerosis.
Reproduction
The decision is Thursday (4/23). The Union argued that the prescribed medication is not standardized in the Public Health System (SUS) for the treatment of multiple sclerosis, a disease that affects the patient. He also stated that the public network has safe, effective and quality alternatives.
In deciding, the magistrate highlighted the importance of the information from the medical reports and the expert reports submitted and stressed that the indication of the drug only occurred after the use of treatments available in the public network and the non-stabilization of the disease.
The patient in question was receiving treatment by the State Department of Health, since he is underweight, with no income to pay the costs without jeopardizing the family’s livelihood. The state stopped administering the drug, leading to worsening of the condition, with progressive muscle weakness and the use of a wheelchair.
Because of this, the doctor responsible for his treatment prescribed the medicine Alentuzumab.
“In the specific case, considering the indispensable nature of the medication for the treatment of the illness suffered by the applicant and even due to its high cost, which cannot be acquired routinely by him, I consider the performance of the Public Power, represented by the Union “, concluded the magistrate, when granting the request of the patient.
0021605-54.2016.4.03.6100
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