The Petitioner has filed a petition against Department of Health state of Maharashtra who has been diagnosed with Hemophilia Type A & Type B & Other diseases having developed inhibitor in the body against Factor VIII. The normal dosage and Factor VIII replacement are unable to prevent bleeding. He either requires FEIBA (Factor Eight Inhibitor Bypassing Activity) Concentrate or Factor VIIa - (Activated Factor VII) which are prohibitively costly i.e. each unit cost Rs.50 per unit and Rs.43, 000 per Milligram respectively.
Vinay requires the infusion of at least 4,000 to 6,000 units of FEIBA or 6 mg of F VIIa per bleeding episode, costing approximately Rs.3, 00,000 per episode. And others this explains the financial burden faced by each person with hemophilia. 3.
The Petitioners seek to invoke the constitutional jurisdiction of this Hon’ble High Court, aggrieved by the acts of omission and commission of the Respondents which has led to the lack of a comprehensive policy and plan of action, particularly in the State of Maharashtra, towards the diagnosis and treatment of Hemophiliacs, which has resulted in a large number of deaths of Hemophiliacs.
It is therefore prayed that this Hon’ble Court may be pleased to pass an Order or Direction or a Writ particularly in the nature of Writ of Mandamus,
- To ensure that all persons afflicted with Hemophilia are provided with the necessary treatment free of cost.
- To provide for mandatory screening of newborns to ensure the early diagnosis of those afflicted with Hemophilia
- To bring all types of Anti Hemophilic factors (i.e. Factor VIII, Factor IX, FEIBA, Activated Factor VII and Von Willebrand Factor) medicine under the Drug Prices Control Order, 1995.
- To invoke Compulsory Licensing as per the provisions of Section 84 of the Patent Act 1970, to undertake the manufacture and distribution of Hemophilic Drugs
- Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to ensure that all persons afflicted with Hemophilia are provided with the necessary treatment as and when required, free of cost.
- Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to provide for mandatory screening of newborns to ensure the early diagnosis of those afflicted with Hemophilia
- Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to provide necessary treatment as and when required free of cost to hemophiliacs.
- Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to bring all types of Anti Hemophilic factors (i.e. Factor VIII, Factor IX, FEIBA, Activated Factor VII and Von Willebrand Factor) medicine under the Drug Control Order
- Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to invoke Compulsory Licensing as per the provisions of Section 84 of the Patent Act 1970, to undertake the manufacture and distribution of Hemophilic Drugs
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