The Sixth Session of the Brazilian Federal Regional Tribunal for the 3rd Region recently rejected appeals from the State of Sao Paulo and the federal government, siding with an indigent patient who was denied two osteoporosis medications by the national health service. The health service had previously ruled that the two drugs, Fosamax 70 and Maxicalc D 400 were not medically necessary in the patient’s case. The Federal Regional Tribunal’s ruling upholds the decision of a lower court based on the right of citizens to receive adequate medical treatment.
The lower court’s judgement condemned the federal government and Sao Paulo for refusing to supply the drugs in question as medically necessary. Sao Paulo then appealed the lower court’s decision, requesting the judgement be vacated and arguing that the patient failed to appear for mandatory check-ups at the Pharmaceutical Assistance Department. The state also argued that the court overreached its authority in this case as it is beyond the scope of the judiciary to interfere with public policy.
The federal government also appealed the decision, arguing that the defendant had no standing to file suit against the federal government as, in its view, the dispensing of pharmaceuticals is a state rather than a federal matter. Federal Judge Paulo Sarno took issue with both arguments, stating that the right of patients to receive medically necessary treatment is paramount.
Ricardo Tosto is a leading Sao Paulo attorney practicing in a number of specialty areas, such as criminal, civil, electoral, and corporate law. As the managing partner of one of the city’s most successful firms, Ricardo Tosto is well known for his insight and his razor-sharp approach to the law. He earned his law degree at McKenzie Presbyterian University, also in Sao Paulo.
Ricardo Tosto started out twenty-six years ago in a small one-room office. His law firm grew quickly, successfully competing with Sao Paulo’s most established legal professionals. Over time, Ricardo Tosto & Associates became a top firm thanks in no small measure to his ability to recruit and mold top quality legal talent. Ricardo Tosto has also been a pioneer in conceiving several innovative legal strategies which are today commonplace in Brazil.