HC asks govt to give free treatment to girl suffering from rare disease

Enzyme replacement therapy (ERT) is the suggested treatment and it requires 26 vials of the medicine per year, which is estimated to cost Rs 25 lakhs.
Andhra Pradesh High Court (File photo)
Andhra Pradesh High Court (File photo)

VIJAYAWADA: The Andhra Pradesh High Court suggested the State Government to lend a helping hand to a girl from Chittoor district suffering from a rare disease by providing free treatment to her. Recently, dealing with a petition filed by a girl from Chittoor district urging the court to intervene and direct the government to bear the cost of her treatment, Justice R Raghunandan Rao asked the government to bear the medical expenditure of her treatment. He cited judgements of Delhi High Court and Kerala High Court, which have given similar directions in similar cases.

The petitioner is suffering from the rare Gaucher disease (Lysosomal storage diseases), which is an inherited metabolic disease Those suffering from the disease have an inability to coordinate voluntary movements, and muscle spasms of the arms, legs, or entire body. It will deteriorate bone density and even affect other internal organs.

Enzyme replacement therapy (ERT) is the suggested treatment and it requires 26 vials of the medicine per year, which is estimated to cost Rs 25 lakhs. The girl being from a poor family is unable to bear such a huge cost. So she approached the High Court seeking directions to the government to bear her medical treatment cost. She asserted that the Constitution has given her the right to live and asked the court to help in exercising her right.

The petitioner’s counsel Gundapu Rajesh Kumar said treatment for such rare diseases is high and there are instances, where government has borne the treatment cost of such patients. Assistant solicitor general said the Center has no provision for treating such disease and it is also not possible for providing individual financial assistance. State government pleader informed the court that the disease was not listed in YSR Aarogyasri.

After hearing arguments, the judge said both state and central government have no provisions to offer treatment to such disease, but the Constitution has provide right to live, hence going by previous judgements like Delhi High Court directing AIMS to provide free ERT to a patient suffering from such disease, Andhra Pradesh government should extend the same to the petitioner.

Court cites judgments of Delhi, Kerala HCs

The court cited judgements of Delhi High Court and Kerala High Court, which have given similar directions in similar cases. The petitioner is suffering from the rare Gaucher disease, which is an inherited metabolic disease Those suffering from the disease have an inability to coordinate voluntary movements.

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