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Pepeliaev Group’s lawyers successfully protected a patient's interests in court in a case over a purchase of a vital medicine

17.09.2021

In the context of cooperation with the Pravmir foundation, Pepeliaev Group’s specialists have successfully protected the interests of an adult patient in court in a case concerning the purchase of the target therapy medicines Trikafta and Kalydeco. 

The patient has the rare (orphan) genetic disease cystic fibrosis (CF). There is only one medicine registered in Russia which acts on the mechanism by which the disease develops or fights the process itself rather than its consequences for the body and bodily organs. This medicine is called Orcambi. Recently, it has been included in the  Clinical guidelines for this disease. Yet, Orcambi can help far from all patients. For most CFTR-gene mutations, other medicines of the group work better, namely: Symdeko, Kalydeco and Trikafta. They have not been registered in Russia.

The federal council of physicians has prescribed Trikafta and Kalydeco for the patient. This combination of medicines is the only option for her treatment. The fact that a medicine is not registered in Russia should not prevent the state from fulfilling its obligation to treat its patients, Trikafta has been included in the second  “Krug Dobra” Purchase List. However, this foundation allocates its monetary funds only for the treatment of children. The problems of adult patients are resolved only depending on circumstances: regions should have funds left out of the funds that were reserved for the treatment of children. 

Despite the patient's critical (life-threatening) condition, the resolution of the federal council of physicians and assistance provided by regional healthcare organisations, the regional healthcare body took its time with the purchase of the medicines. Therefore, our lawyers drafted all the necessary documents and filed a statement of claim with the court. Andrey Nikonov, a senior partner at Pepeliaev Group, represented the interests of the patient. The court sustained the claims for the provision of medicines to the patient. The regional healthcare body initiated the procurement process of the medicines. 



Pravmir, a charitable foundation for helping socially disadvantaged people, was created in 2015 by the team of the Pravmir.ru portal. The Foundation helps adults and children with serious illnesses to receive the required treatment, screening and rehabilitation that is not funded by the state.  The Foundation's lawyers together with lawyers from Pepeliaev Group help people to resolve problems connected with medical law and social benefits including to receive medicines on preferential terms or free of charge using state resources.  

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