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Decision to provide medicine to patient with rare condition upheld

Friday, November 24, 2017

The Chief Justice of the Brazilian Federal Supreme Court (STF), Justice Carmen Lúcia, upheld a decision of the Rio de Janeiro Court of Justice (TJ-RJ) that ordered the Municipal Health Foundation of Niterói (RJ) to provide the "canaquinumabe" medicine to a person that has Mevalonate Kinase Deficiency (MKD). The decision was taken in the records of the Suspension of Interim Relief (STA) case n. 860.

The Justice explained that in the case there are documents indicating, based on medical reports, that the medicine is the only effective one for improving the patient's health. In addition, she pointed out that the indication of MKD for adults and children over two years of age is listed in the package insert for the drug Ilaris, the commercial name of the active substance canaquinumabe, dated August 2017, according to the website of the National Agency for Sanitary Surveillance (ANVISA) .


The patient filed a lawsuit requesting an injunction against the Municipality of Niterói, the Municipal Health Foundation of Niterói and the State of Rio de Janeiro, because those bodies were not providing the medicine.

The Municipality of Niterói claims that the drug is not authorized by Anvisa for the treatment of the disease that the patient has and that it has an "exorbitant value". It also argued that the supply of the drug will cost R$ 612,000 per year, corresponding to 4.1% of the budget for the purchase of medicines for the population as a whole.


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