An auction has been announced in Kabardino-Balkaria to purchase medicine for a patient with cystic fibrosis
After the court ordered the authorities of Kabardino-Balkaria to provide a patient with cystic fibrosis with the drug free of charge, the Ministry of Health announced an auction for the supply of the drug. If the patient purchased the drug, he has the right to demand compensation, the lawyer said.
As "Kavkazsky Uzel" wrote, a disabled person of the second group from the Prokhladnensky district, suffering from cystic fibrosis, went to court, demanding that the Ministry of Health of Kabardino-Balkaria receive the drug "Trikafta" free of charge, which was prescribed to him "for vital indications" by the council of the Pulmonology Research Institute. The court ordered the doctors to provide the patient with the vital drug free of charge.
Cystic fibrosis is a severe lung disease that manifests itself in childhood. It is caused by a genetic mutation, due to which the mucus covering the inner surface of the lungs and pancreas becomes viscous and stops being excreted from the body. This leads to the proliferation of bacteria, as a result of which the patient suffers from lung infections and experiences suffocation, TASS reported on March 5, 2020.
The decision on the lawsuit of Artur Deunezhev, a resident of the Prokhladnensky District, was issued by the Nalchik City Court on August 28. This court decision was ordered to be executed immediately, but the patient has not yet received the medicine. As a representative of the State Healthcare Institution "Pharmedtech" of the Ministry of Health of the Republic told the "Caucasian Knot" correspondent, an auction has been scheduled to purchase the drug.
It will take 10 days to deliver the drug, after which it will be provided to the patient
"September 16 is the last day to accept applications. After that, a contract will be signed. Another 10 days will be needed to deliver the drug, after which it will be provided to the patient," he said.
As the representative of "Pharmedtech" explained, the drug "Trikafta" is not registered in Russia, it is produced in the USA, so its acquisition is somewhat difficult. In Kabardino-Balkaria, cystic fibrosis has been diagnosed in four patients.
Court decisions are not always executed, even if the court orders them to be accepted “for immediate execution,” noted lawyer for the public organization “Patient Monitor” Ibrahim Sultygov. "For example, in the case of [a woman] suffering from epilepsy, the decision was never executed, despite the fact that I contacted the prosecutor's office, the bailiffs. Everything turned out to be useless," he told a "Caucasian Knot" correspondent.
According to Sultygov, if Artur Deunezhev has all the documents confirming the fact that he purchased the drug with his own money, he can recover compensation for the funds spent in court.
There is no difficulty in collecting
"In one case, we were able to confirm the purchase of specialized nutrition for a child at our own expense for two years and collected more than 800 thousand rubles. There is no difficulty in collecting, you need to get a writ of execution and submit it to the Ministry of Finance. They transfer without any problems. The main problem is that applicants often do not have supporting documents or receipts, because they usually buy drugs from private individuals, from hands - it's cheaper. But in this case, they cannot file a claim for recovery of the funds spent," said Slutygov, adding that the right to recover the funds spent is regulated by Article 15 of the Civil Code.
Recall that in the Krasnodar Territory, parents of children suffering from cystic fibrosis have repeatedly complained that their children are not receiving enough drugs. In March 2021, the Kuban Ministry of Health stated that children with cystic fibrosis are provided with drugs based on budget capabilities.
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/415448