News
July 27th, 2023
Pro Bono | Supreme Court upholds ruling in favor of child and orders FONASA and MINSAL to purchase high-cost medicine
.SHAREOn August 16, 2023, the Supreme Court upheld the decision of the Court of Appeals of Santiago against the National Health Fund and the Ministry of Health, in the context of an appeal for protection filed on behalf of a child diagnosed with severe cystic fibrosis. On behalf of the appellant, our team argued that the denial of the high-cost drug "TRIKAFTA", prescribed by the treating physician for this rare and fatal disease, is an arbitrary decision.
On the other hand, the appealed agencies requested the rejection of the appeal and argued that the treatment is not prioritized and expressly financed by Law 20.850.
In its ruling, the Court determined that FONASA and MINSAL must, as soon as possible, acquire and supply TRIKAFTA in the form prescribed by the doctor, because the drug is indispensable and unique for the treatment of this degenerative and progressive disease, allowing to preserve the physical integrity and survival of the child. Furthermore, it ruled that neither economic nor administrative considerations can be established against the right to life.
Review the legal ruling here.
