Food & Pharma Legal Law Firm won a dispute with the Ministry of Health regarding medicinal product reimbursement in the pro bono case
Legal counsel Agata Zalewska-Gawrych represented a minor patient suffering from drug-resistant epilepsy in a court dispute with the Minister of Health. The case concerned refusal of medicinal product reimbursement imported under the “direct import” procedure.
The Minister of Health refused to reimbursed the product. In the opinion of the Minister of Health, the language and system interpretation of art. 39 par. 1 of the Reimbursement Act (in previous wording) did not allow to reimburse a medicinal product with a valid marketing authorization, even in spite of clear medical indications.
Both the Provincial Administrative Court and the Supreme Administrative Court shared argumentation presented by our Law Firm. The Supreme Administrative Court upheld its jurisprudence and emphasized that there were no grounds to refuse reimbursement of the medicinal product in this case whereas the Ministry of Health interpretation constituted a violation of the principle of equal treatment expressed in the Constitution.