Failure of the state to provide citizens suffering from rare (orphan) diseases with free medicines is grounds for reimbursement of expenses incurred in connection with the purchase of such medicines at their own expense - SC CivCC

The state is obliged to provide free treatment of rare (orphan) diseases, including medicines and food products. In case of failure to fulfil these obligations, a citizen has the right to reimbursement of treatment costs. The dismissal of the claim violates human rights, international standards and the provisions of the Civil Code of Ukraine on compensation for damage caused by the inaction of state authorities.

Such conclusions were reached by the Supreme Court as part of the panel of judges of the Second Judicial Chamber of the Civil Cassation Court.  

In the case under review, the plaintiff filed a claim for reimbursement of the costs of purchasing medicines that he had to buy at his own expense because the state failed to fulfil its obligation to provide him with these medicines free of charge. 

The court of first instance granted the claim, stating that as a result of the defendant's unlawful inaction in providing the plaintiff with the medicines, the plaintiff suffered damage in the amount of the costs incurred for the purchase of the medicines.

The court of appeal overturned the decision of the court of first instance and dismissed the claim, noting that the stated claims were not proven, namely that the plaintiff had contacted the defendant and that he was registered with the relevant authorities.

The CivCC of the Supreme Court overturned the decision of the court of appeal and upheld the decision of the court of first instance, as the plaintiff was diagnosed with acromegaly, which is a rare disease. The plaintiff has been in a relationship with the defendant for many years to provide him with medicines, and therefore the conclusion of the court of appeal that the plaintiff did not provide evidence to confirm his registration with the relevant medical records and evidence of contacting the defendant during the period of their purchase cannot be a basis for dismissing the claim.

At the same time, the court decisions that have entered into force have established, in particular, the fact of the defendant's unlawful inaction in failing to provide the plaintiff with a medicinal product, which led to the need to purchase medicines on his own. These circumstances are prejudicial to the case under review.

The Supreme Court emphasised that the plaintiff has a legitimate expectation to receive medical care, as his right to do so is confirmed by law and court decisions, and therefore dismissal of the claim would be a violation of the state's positive obligation to provide the patient with the medicines necessary for treatment, as well as constitutional principles and international standards in the field of healthcare. The right to compensation is based on the provisions of the Civil Code of Ukraine, which provides for compensation for property damage caused by unlawful acts or omissions of a public authority.

Resolution of the Supreme Court of 5 March 2025 in case No. 761/29128/23 (proceedings No. 61-14855св24) - https://reyestr.court.gov.ua/Review/125876191.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.