Reject demand for experimental treatment sequelae AIDS

The court reversed a ruling of first instance which had recognized the patient”s right to collect compensation of 50,000 pesos plus interes1000t, by way of damages.

The lawsuit was brought against the Hospital German, whose doctors used an experimental phase treatment, although the patient”s life saved, a lawyer of this city, it left in its wake a numbness in his lower extremities.

Counsel had consented to treatment, began almost fifteen years, but then claimed that the lack of control and the timely suspension of the medication provided him chronic damage caused by those who promoted the demand.

“The occurrence of side effects from the medication Staduvina oD4T expected, so their intake should be discontinued, under Resolution No. 17 of Ministry of Health and AccionSocial”, presented by counsel on his claim about economic millionaire.

H The Board discussed the House that when he began the treatment, all related to HIV /AIDS “were in the making” and “there was great uncertainty about the effects in the medium and long term, as was communicated to him “the patient.

The maids Claudio Koper, Liliana Jorge Abreut of Bagh and May recalled that the lawyer” took risks “and agreed to receive a more aggressive and toxic medication that increased risks of side effects.

“The treatments available at that time, explained the maids-are constantly evolving, not free of significant adverse effects.”

The court took into account a report by the Forensic whereby the then novel use of medication “was recommended” and that “a simple reading of history, it is noted that follow-up by doctors was adequate. “

H The Board added that the attorney” had a serious underlying disease and was likely a tragic outcome had not been for the application of a new drug therapy, which 1996 was just beginning to be used in the world. “

The court found that” the doses of drugs were sufficient to slow the progression of the disease, “the lawyer and, when assessed that there could be some causal relationship with the paralysis, we proceeded to an adjustment and change in medication. (Telam) opv-aem-mag06/04/2010 17:25