Plea For Import Of Life-Saving Drug For 5 Month Old Child For A Rare Disease: Kerala High Court Seeks Response of State

Advocate P Chandrasekhar emphasized that the petitioner's 5 month old son suffers from a rare disease which can only be treated by administering a single dose of the costliest drug in the world 'Onasemnogene'. This drug costs approximately Rs.16 to 18 crores for one dose.

It was prayed before the Single Bench that the State be directed to import the said drug and to provide necessary medical treatment to the petitioner's son, who is presently on the ventilator in the Government Medical College Hospital, Kozhikode.

Justice Bechu Kurian Thomas while observing that it is a fit case where the attention of the State was called for, held thus:

"As a welfare State, various aspects are required to be borne in mind, including the efficacy of the drug, its staggering cost, the treatment protocols, the possibility of crowd-funding that can be raised for funding purchase of the medicine, etc. Accordingly, there will be a direction to respondents 1 and 2 to file a counteraffidavit in detail, as early as possible, not later than 28.06.2021."

Arif v. The State of Kerala

While hearing a petition urging for the government assistance for the import of a drug which is the only cure for Spinal Muscular Atrophy, Kerala High Court sought the response of the Principal Secretary of State and Director of Health Services.

Advocate P Chandrasekhar emphasized that the petitioner's infant son suffers from a rare disease which can only be treated by administering a single dose of the costliest drug in the world 'Onasemnogene'. This drug costs approximately Rs.16 to 18 crores for one dose.

It was prayed before the Single Bench that the State be directed to import the said drug and to provide necessary medical treatment to the petitioner's son, who is presently on the ventilator in the Government Medical College Hospital, Kozhikode.

Justice Bechu Kurian Thomas while observing that it is a fit case where the attention of the State was called for, held thus:

"As a welfare State, various aspects are required to be borne in mind, including the efficacy of the drug, its staggering cost, the treatment protocols, the possibility of crowd-funding that can be raised for funding purchase of the medicine, etc. Accordingly, there will be a direction to respondents 1 and 2 to file a counter affidavit in detail, as early as possible, not later than 28.06.2021."

Arif v. The State of Kerala