Minister Gilmar Mendes, of the Federal Supreme Court (STF), decided this Wednesday (28) to suspend judicial decisions that forced the federal government to purchase the drug Elevidys. Used to treat Duchenne Muscular Dystrophy (DMD), the drug is imported and costs around R$ 17 million.
The minister’s decision does not apply to decisions that benefited children who will turn 7 years old in the next six months. Age is the milestone for starting treatment.
In these cases, payment for the medicine by the government will be conditional on genetic tests being carried out to confirm eligibility for treatment.
The minister’s decision was motivated by an appeal filed by the federal government.
According to Mendes, the disorderly granting of court decisions without prior negotiation of costs could lead to a financial collapse in the Unified Health System (SUS). The decisions total approximately R$1 billion.
The minister defended alternative methods for acquiring medicines for rare diseases.
“Through them, the parties negotiate fair prices for the product and also share the risks related to its effectiveness, making payment of the total price conditional on the presentation of benefits to the patient,” argued the minister.
In addition to suspending the decisions, Mendes determined that the case be discussed in the conciliation hearings that are underway at the Supreme Court on the matter.
Last week, representatives from the Ministry of Health, the National Health Surveillance Agency (Anvisa) and the pharmaceutical company Roche, responsible for producing the medicine, met to discuss the supply of the drug.
Questions were addressed regarding the import procedure, the possibility of direct purchase by the Ministry of Health and the need to carry out genetic compatibility tests before infusing the medication.
The next meeting is scheduled for September 30.
