Important court ruling for cancer patients! Court says 'SGK must cover the medication'

A cancer patient in Istanbul diagnosed with peritoneal mesothelioma filed a lawsuit requesting that the costs of the medication "OPDIVO," which is necessary for their treatment, be covered by the Social Security Institution (SGK). In an interim decision, the court issued an injunction based on the "sanctity of human life."

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Important court ruling for cancer patients! Court says 'SGK must cover the medication'

Hazal Güven - 12punto.com.tr

A critical interim decision has been issued by a court regarding the medication shortages faced by cancer patients. A patient identified as A.G., who is receiving treatment for peritoneal mesothelioma (abdominal lining cancer) at Istanbul Medipol Bahçelievler Hospital, had a report prepared by specialist physicians stating that the patient urgently needs to begin using the medication "OPDIVO."

Unable to access the medication, which is not covered by the SGK and currently has a market price of 38 thousand 53 TL, the patient A.G. first applied to the SGK on November 25, 2024. After the application was rejected, A.G. filed a lawsuit in Istanbul to have the cost of the medication covered by the SGK. Stating that 'it is mandatory for them to use this medication to continue their life,' A.G. requested that the cost of the medication be covered by the SGK without any deductions until the end of the trial.

‘COURT: THERE IS A LIFE-THREATENING RISK’

A Health Board Status Report prepared for the patient by specialist physicians at Medipol Bahçelievler Hospital was also included in the case file. In its review of the file, the court emphasized that if the disease is not treated, the patient faces the risk of losing their life and that damages that are difficult or impossible to compensate for could arise in the future.

In the announced interim decision, the court pointed out that the conditions for an injunction have been met in accordance with Article 390 of the Code of Civil Procedure (HMK) and ruled that the costs of the "OPDIVO" medication to be used in the plaintiff's treatment must be covered by the SGK until the end of the trial.

Furthermore, it was stated that in order to prevent the plaintiff from suffering grievances, the cost of the medication must be provided by the SGK as a precautionary measure starting from December 16, 2024.

JUDICIAL PROCESS CONTINUES

The court notified the parties of the injunction and stated that the trial will continue and that reviews of the file will proceed. The court's interim decision is seen as having the potential to set a precedent in lawsuits filed against the SGK's practices regarding medication payments.

News Source: Hazal Güven