for the first time, the ECHR obliged the Russian authorities to provide patients with the rare and expensive drug to treat. This decision was made at the request of parents of 6-month-old girl with spinal muscular atrophy from Stavropol. Lawyers believe that this decision will help patients with other serious diagnoses to ensure immediate supply of medicines.
As explained “MK” lawyer of the organization “Legal initiative”, representing the interests of small patients to the ECHR, Olga Kisseleva, the court considered the appeal in less than a day. The complaint was served in accordance with Rule 39 of the Rules of the ECHR, which gives the possibility to oblige the authorities to take urgent measures in case of a serious threat to the life and health of the person.
an Expensive drug to 6-month Hell of Keshishian appointed a medical Commission of the state hospitals, but the regional Ministry of health refused to issue the medication.
on 14 April, the Leninsky district court of Stavropol has obliged the authorities to give the baby the drug, but the health Ministry appealed this decision. At this time, the child was already in critical condition and was connected to the ventilator. On 6 may, the European court obliged to immediately provide the child with the life-saving drug in case of default of Russia’s decision may be fined.
the Lawyer Olga Kisseleva hopes that this decision will force officials across the country to begin providing patients with MCA the necessary preparations without waiting for rulings from Strasbourg. Now every patient with this diagnosis and with the doctor’s findings may also apply to the ECHR and in the coming days to a similar decision. To use this method will be able to persons with other diagnoses — it is enough to enlist the doctors about the necessity of the drug and the trial court’s decision on the appeal against the refusal of medication.
According to the lawyer, patients with SMA are denied expensive medicines in many regions of the country — only in the court with similar complaints contacted the parents of children already in the top ten regions. Annually in Russia is born about 200 children with a similar diagnosis.