An adult patient from Salto obtained a provisional measure requiring the Ministry of Public Health (MSP) to deliver rituximab to her within 24 hours. The ruling was issued in Montevideo by Judge Dr. Hugo Fabián Rundie Mintegui and will remain in effect until the end of the regular process.
According to the defense, led by Dr. Gabriel Cartagena Sanguinetti and his team, the woman is suffering from a complex illness with neurological involvement. Treatment with rituximab aims to reduce the "onset" of the disease and maintain her quality of life. Prior to the legal claim, the medication had been denied due to high cost by both the healthcare institution and the MSP.
The sponsor filed an ordinary lawsuit in Montevideo and incorporated a precautionary measure under Article 317 of the General Code of Procedure. The court found the requirements met and ordered the immediate supply of the drug, in accordance with Article 44, paragraph 2, of the Constitution, which protects the right to health of those without sufficient resources.
The decision was biased toward the defendants. The National Resources Fund (FNR) was excluded at this stage, given that rituximab is not listed in the Therapeutic Drug Formulary (FTM) for the plaintiff's condition. The judge indicated that this defense could be upheld upon final judgment.
According to the defense, once the interlocutory ruling was notified, the medical administration processed the procedure, and the drug arrived within the established timeframe. It was also indicated that the medication is available in the country, although its use is not authorized for over-the-counter consumption due to its cost.
Regarding the next steps, the court has forwarded the complaint: MSP and FNR have 30 days to respond. The hearing will be held in Montevideo and, for the patient's health reasons, could be conducted via videoconference. The treating physicians will testify as witnesses, and, according to the defense, they support the prescription of rituximab.
The legal representative added that similar cases have been handled and, in their experience, the precautionary measure ensures the continuity of treatment while the trial proceeds. The substance of the matter will be resolved in the ruling, once the documentary and testimonial evidence incorporated into the file has been analyzed.
