Monday , November 29 2021

Patients with rare diseases may go to court to receive SUS-discontinued medicines


The decision of the Ministry of Health to suspend contracts with seven national public laboratories for the production of 18 medicines and vaccines, distributed free of charge by the Unified Health System, left some of Brazil's population alert. And he drew attention to a little popularized topic: the number of rare diseases patients in the country.

According to the World Health Organization (WHO), it is considered a rare disease that affects up to 65 people per 100,000 individuals. According to the Ministry of Health's website, "the exact number of rare diseases is unknown. It is estimated that there are between 6 and 8,000 different types of rare diseases worldwide." There is no rating for the agency in Brazil.

As the cost of most of these types of drugs is high, the only way out for many to get these drugs is to go to court. Lawyer Heber Eduardo talks to "Portal I, Rio!"about what is the ideal situation to be done before the patient goes to court. The professional recommends that before attempting anything in court, the ideal is to try an administrative measure with SUS.

"The correct way is to administratively seek the drug from the SUS and its refusal, to take an action with an order requesting the drug. It is important that you have the correct documentation to file the action, otherwise the path will be difficult, probably rejection, "said Eduardo.

There is no easy remedy

Noting that most of the drugs required in these types of situations are those used to treat cancer, Eduardo warns that there is no easy or difficult cure to get in court. He states that "the difficulty or the ease is the same for every drug" because the right legal requirements must be present in this kind of situation. The expert assures that "drug type or drug value matters" in such cases.

STF may dispense medicines that have not been accredited by Anvisa

Heber Eduardo also discussed another topic that was the subject of debate in the Supreme Federal Court (STF). Permission from the Supreme Court of Patients to access medicines not accredited by the National Health Surveillance Agency. The lawyer with whom the STF has already determined that certain remedies will be released even without registering with Anvisa. But he warns that there is a specific situation for this.

"The Supreme Court has already allowed judges to force the government to provide drugs without registration with Anvisa. But for this to happen, there must be a request to register the drug with Anvisa, and that agency takes more time than provided in the law to complete the law. analysis, if there is no substitute drug in Brazil and lastly, the drug is registered with known regular agencies in other countries, apparently the normal requirements for the drug, namely, a medical report certifying the necessary the drug bridge and evidence of a lack of financial conditions to buy the drug, "the expert explained.

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