The decision was set in consequence of a collective action filled after a legal representation of the State of São Paulo Forum on NGO/AIDS at the National Department of Justice. The value was set in R$ 108 millions. The Union might appeal.
The Federal Judge in charge at the 6th Civil Court of São Paulo, Mrs. Ana Lúcia Petri Betto, granted as urgent relief, in the beginning of October, that the Federal Union “provide the Department of Health of the State of São Paulo the total amount approved, including the the one to buy the safety stock of the drugs Daclatasvir 30 mg, Daclatasvir 60 mg, Simeprevir 150 mg, Sofosbuvir 400 mg, Elbasvir 50 mg, Grazoprevir 100 mg, Ombitasvir 12,5 mg/Veruprevir 75 mg/Ritonavir 50 mg + Desabuvir 250 mg”.
In the decision, the judge also determined the schedule must be met in strict compliance with the Ordinance 02/2017, over the distribution of the estimated for the trimester [...], paying the total share in a single consignment, also providing the SES-SP with a safety stock for, at least 30 days of treatment”, for all undergone patient, “under penalty of fine”.
The decision is the result of a public civil action moved after the State of São Paulo Forum on NGO/AIDS (FOAESP) legal representation, at the State of São Paulo Public Prosecutor's Office (MPF-SP). The amount was set in R$ 108.364.960,00 (one hundred eighth million, the hundred sixty for thousand, nine hundred sixty reais). The National Union might appeal.
The federal judge anyway has set “all necessary measures on the fulfillment of the law". In the event of noncompliance with the demand for more than 45 days, the public funds will be blocked and transferred to an account designated to the process. So, in this case, the State of São Paulo must acquire the drugs from the revoked funds.
In the lawsuit, the MPF-SP argued that the drugs requested are centrally acquired by the Ministry of Health (MS), and there’s is a queue to start the treatment, besides the risks of treatment interruption for the patients. “Therefore, providing the safety stock is essential to mitigate the awful consequences of the shortage of those drugs in the United Health System of the State of São Paulo.”
Updating the information given, the State of São Paulo Prosecutor's Office ( MPF-SP) restated that the “shortage scenario remains for the third trimester, in 2018 – not even a treatment, did the Ministry of Health give support to the State in July, August and September of this current year. There are people waiting for treatment since January”.
The Union has 60 days deadline to fulfill “all the steps required to put the action in practice”.