Judicialização do acesso ao tratamento de doenças genéticas raras: a doença de Fabry no Rio Grande do Sul

Abstract

Judicialização do acesso ao tratamento de doenças genéticas raras: a doença de Fabry no Rio Grande do Sul

Studies published in indexed journals on lawsuits for medicines in Brazil: a systematic review

“…The first year of the publications included in the review was 2005, and there was a peak in the years 2010 and 2011. The data refer to studies done in the states of Pernambuco 5 , Rio Grande do Sul 2,6 , Minas Gerais 7,8 , Rio de Janeiro 9,10,11,12 , and São Paulo 13,14,15,16,17 , besides one article that collected data directly from the Ministry of Health in Brasilia 18 . The studies that examined the most lawsuits (between 2,000 and 2,927 cases) were done in the states of São Paulo, Rio de Janeiro, and Santa Catarina 7,12,14,16,19 .…”

“…Six studies 2,9,10,11,14,17 reported a predominance of public legal representation (Office of the Public Defender, Office of the Public Prosecutor, Offices of Municipal, State, and Federal Attorneys). In five studies 6,7,8,16,20 , most plaintiffs were represented by private attorneys. In one study, free legal aid was provided to all the plaintiffs 6 .…”

“…In five studies 6,7,8,16,20 , most plaintiffs were represented by private attorneys. In one study, free legal aid was provided to all the plaintiffs 6 . According to two studies, a small number of attorneys and physicians were involved in a large number of lawsuits 7,17 .…”

“…Four studies 2,5,6,12 (23,5%) analyzed the plaintiffs' allegations in the lawsuits, or the grounds for the suit. The main claims involved urgency in the patient's health condition, imminent risk of death, and prescriptions and/or medical and laboratory reports proving the need for the product.…”

“…In a study in the state of Rio Grande do Sul, 29% of the lawsuits claimed delay or denial of the drug when requested through normal administrative channels 2 . The fundamental right to health ensured by the Federal Constitution was cited as a justification for claims in at least articles 2,6,12 .…”