Kerala Govt Responds To SMA Patient's Plea Against Exorbitant Prices Of Life-Saving Drug, Says Medicine Free For Children Below 8 Yrs

Justice Devan Ramachandran was hearing a plea submitted by a 24-year-old suffering from Spinal Muscular Atrophy (SMA), against the overpricing of the life-saving medicine, Risdiplam.

Taking note of the submissions of Government Pleader Vidya Kuriakose that minor children are provided with medicines free of cost, the Court stated thus:

“As per the policy of the government of Kerala, the drugs for Type II -Spinal Muscular Atrophy (SMA) is being made available to needy children below 8 years free of cost. There is also proposal to enhance the age of beneficiaries to 18 years…..It certainly is gratifying that the state government has taken initiative to support patients suffering from SMA as stated above. This is a welcome step.”

The Court stated that since the petitioner was aged 24 years, the government was not able to provide medicines free of cost as of now. It noted that the petitioner can avail benefit from the central government under other available schemes. 

The Court also enquired from the Central Government Counsel regarding crowdfunding money for aiding the petitioner in her treatment. It also directed the Central Government Counsel to release money that the petitioner was entitled to receive under the National Policy for Rare Diseases.

Orally, the Court has also enquired if any exception can be made to provide help to the petitioner to receive treatment.

The plea has been moved through Advocates Maitreyi Sachidananda Hegde, Anjali Anil A., and Ashish Antony Francis.

Case Title: Seba P.A. v. Union of India & Ors.

Case Number: WP(C) 43275 of 2023