Ações judiciais: estratégia da indústria farmacêutica para introdução de novos medicamentos

Abstract

OBJECTIVE:To assess the distribution rate of legal suits according to drug (manufacturer), prescribing physician, and attorney fi ling the lawsuit. METHODS:A descriptive study was carried out to assess the lawsuits in the São Paulo State (Southeastern Brazil) courts registry in 2006, and amounts spent in complying with these lawsuits, and total costs with medication thus resulting. RESULTS:In 2006, the São Paulo State Administration spent 65 million Brazilian reais in compliance with court decisions to provide medication to approximately 3,600 individuals. The total cost of the medication was 1.2 billion Brazilian reais. In the period studied, 2,927 lawsuits were examined. These lawsuits were fi led by 565 legal professionals, among which 549 were attorneys engaged by private individuals (97.17% of the total legal professionals). The drugs scope of the lawsuits had been prescribed by 878 different physicians. By assessing the number of lawsuits fi led per attorney, it was found that 35% of them were brought before the courts by 1% of them. CONCLUSIONS:The data related to the lawsuits and to the medication classifi ed according to manufacturer, show that a small number of attorneys is responsible for the largest number of lawsuits fi led to obtain these drugs. The fi nding that more than 70% of the lawsuits fi led for certain drugs are the responsibility of one single attorney, may suggest a close connection between this professional and the manufacturer.

Studies published in indexed journals on lawsuits for medicines in Brazil: a systematic review

“…The first year of the publications included in the review was 2005, and there was a peak in the years 2010 and 2011. The data refer to studies done in the states of Pernambuco 5 , Rio Grande do Sul 2,6 , Minas Gerais 7,8 , Rio de Janeiro 9,10,11,12 , and São Paulo 13,14,15,16,17 , besides one article that collected data directly from the Ministry of Health in Brasilia 18 . The studies that examined the most lawsuits (between 2,000 and 2,927 cases) were done in the states of São Paulo, Rio de Janeiro, and Santa Catarina 7,12,14,16,19 .…”

“…Six studies 2,9,10,11,14,17 reported a predominance of public legal representation (Office of the Public Defender, Office of the Public Prosecutor, Offices of Municipal, State, and Federal Attorneys). In five studies 6,7,8,16,20 , most plaintiffs were represented by private attorneys. In one study, free legal aid was provided to all the plaintiffs 6 .…”

“…In these same studies with the most lawsuits, one studied a period of more than ten years 7 and the others covered from one to three years 12,14,16,19 . Two of these studies were by the same research group and published analyses from the same sample in different time periods and with different analyses 14,16 .…”

The medicine selection process in four large university hospitals in Brazil: Does the DTC have a role?

“…Nevertheless, health litigation may also promote the unwise or hasty adoption of new technologies of doubtful efficacy or untoward harmful effects of those without an established safety profile. This scenario allows for greater expenses and ineffectiveness of health care while making institutions more prone to the pharmaceutical industry´s marketing interests (Chieffi, Barata, 2010). As the results of this study showed, many stakeholders do not have the necessary skills to counter industry influence or the will to participate more fully in DTC functions, which could help prepare them for an adequate selection process.…”

Médicos, advogados e indústria farmacêutica na judicialização da saúde em Minas Gerais, Brasil

“…Such results suggest inappropriate relationships between these professionals and the pharmaceutical companies, mischaracterizing the guarantee to the right to health as the overriding motivation in these lawsuits. 6 The present study aims to describe the relationship between prescribers, lawyers and the pharmaceutical industry in lawsuits against the state.…”