Rio Grande do Sul Court Orders Supply of Cannabidiol to Child with Epilepsy

The Rio Grande do Sul Court determined last Tuesday (13) that the state government and the municipality of Jaboticaba must provide cannabidiol to a child. The 12-year-old patient was diagnosed with refractory epilepsy in the first year of life.

The decision was obtained after the State Public Defender's Office (DPE/RS) intervened and supported the family's request. The judge disregarded an unfavorable technical report from the Technical Support Center of the Judiciary (NatJus-RS), prioritizing the clinical urgency of the case.

The judge set a ten-day deadline for the public entities to start covering the $6,000 monthly cost of the cannabidiol treatment. The ruling was based on the risk of irreversible harm to the patient's health if the therapy were to be interrupted.

The Public Prosecutor also supported the family's request, contrary to the Judiciary's technical assessment, aligning with the need to ensure the cannabidiol treatment for the child's stability.

Divergences on the Efficacy of Cannabidiol

The case highlights a recurring conflict in health actions involving medicinal cannabis. During the process, NatJus-RS issued a technical note claiming the lack of sufficient studies proving the efficacy of cannabidiol for refractory epilepsy.

Based on this argument, the center recommended against using the product. However, the defense presented medical reports proving that the child did not respond to the conventional treatments standardized by the Unified Health System (SUS).

The combined use of various antiepileptic medications did not control the seizures and resulted in damage to other organs of the patient. According to the reports, symptom control and improvement in quality of life were only achieved with the introduction of cannabidiol.

Previously, the administrative request made by the child's mother to the Health Department was denied. The justification was that the product is not listed for dispensation by SUS and is not available in public pharmacies.

Case Law Ensures Access to Cannabidiol

The judicial decision reinforces the recent understanding of the Rio Grande do Sul Court of Justice (TJ-RS). The court distinguishes "medications" from "Cannabis products," allowing judicial access to cannabidiol even without formal incorporation into SUS, provided the need is proven.

According to Public Defender Marcus de Freitas Gregório, who is handling the case, refusal based solely on the absence of the item in the public list is insufficient. He argues that this approach disregards health regulations and the patient's clinical specificities.

"The Public Defender's Office has been making continuous efforts to address the sensitive issues 06 and 1234 of the STF, with exemplary performance to meet all the requirements demanded by the judiciary," said the defender.

Gregório also highlighted the work of combating opposing opinions when they do not consider the specific case. The final decision establishes that denying the supply of cannabidiol, in the face of the ineffectiveness of other therapies, constitutes a violation of the constitutional right to health.
 

With information from ASCOM DPE/RS