Court ruling on HPV vaccine: Found to be unlawful

The Ankara 25th Administrative Court has issued a ruling in a lawsuit filed with the demand that the SGK cover the cost of the protective HPV vaccine.

In Ankara, patient Eliz Atlı requested that the cost of the cervical cancer-preventive HPV vaccine be covered by the Social Security Institution (SGK).

After her application was rejected by the SGK, Atlı filed a lawsuit with the Ankara 25th Administrative Court and, through the court's decision, received a refund of the 3 thousand 224 liras she had paid.

Regarding procedural matters, the SGK argued that the lawsuit should have been directed at the Ministry of Health and should therefore be dismissed on the grounds of improper defendant. On the merits of the case, the institution argued that the HPV-cervical cancer preventive HPV vaccine is not on the list of reimbursable medications, and that the action taken was in accordance with the law and regulations, thus requesting the dismissal of the case.

On the other hand, an expert report submitted to the court file emphasized that the cancer in question is fatal once contracted. The report stated that the HPV vaccine provides 99.7 percent protection against the viruses and noted that the medication is of vital importance.

OBTAINING THE MEDICATION IS LINKED TO THE RIGHT TO LIFE

The report included the following statements:

“The opinion has been formed that vaccination against cervical cancers is medically necessary. For this reason, it has been concluded that the use of the HPV vaccine in the treatment of Eliz Atlı is appropriate; therefore, the request for the provision of the aforementioned medication is related to the right to life, which is guaranteed by the Constitution and international conventions, and must be fulfilled by the administration in accordance with the legislative provisions cited above.”

In the case heard at the Ankara 25th Administrative Court, the court found the SGK's refusal to cover the medication to be unlawful. The court ordered the reimbursement of the 3 thousand 224 liras paid by patient Eliz Atlı.