Cancer patients' drug supply nightmare continues: Arbitrary court decisions victimize patients

As Türkiye's health record worsens daily, citizens with cancer and other rare diseases continue to struggle to access vital medications. Because some cancer medications, which are effective in treatment and have become global standards, are not included on the Social Security Institution's (SGK) "list of reimbursable drugs," patients are attempting to obtain their medications through lawsuits filed in regional courts seeking "precautionary measures."

However, following decisions made by the 10th Civil Chamber of the Supreme Court of Appeals last December, lawsuits filed for medication procurement have escalated into a "health crisis." These Court of Appeals decisions placed strict conditions for obtaining preliminary injunctions for medication procurement, while lawsuits filed in regional courts seeking medication procurement were left to the discretion of the courts. While some regional courts approved preliminary injunction requests, taking into account ongoing treatment processes, others began dismissing lawsuits filed for cancer patients seeking medication as they raced to obtain their medications.

DECISION TO REJECT AGAIN AFTER DEATH

A mother who filed a lawsuit with the Ankara 37th Labor Court to ensure her son, who has been battling cancer for nine months, received immediate access to medication lost her son in September after the court persistently refused to issue an injunction. Speaking to Cumhuriyet, the mother explained that despite having expert reports prepared by doctors for her son, the court failed to issue an injunction for months. She said, "The court persistently rejected our request. My child used a medication that was used by another child with cancer but was ineffective in him, and his body responded positively. We re-applied with a report prepared by the doctors, but the court rejected us again."

The mother, who stated that she had applied to the court once again for medication shortly before losing her child, said she lost her child while waiting for the court's decision, and that the court rejected her application again in a decision issued a month after the death. "Even if we had secured the money for the extremely expensive medication, we couldn't use it without the court's approval," the mother said. "While we lost our child, we simply read the rejection orders. We couldn't do anything."

SHOCKING CLAIMS FOR THE COURT

Various patient relatives and lawyers who spoke to Cumhuriyet about the matter claimed that the Ankara 37th Labor Court had rejected all lawsuits filed for medication procurement and ignored expert reports and various Supreme Court precedents. While emphasizing the potential for significant debts to accrue to those whose cases were rejected, sources who provided information to Cumhuriyet claimed that the court judge had treated patients' relatives very poorly and attempted to manipulate Social Security Institution (SGK) lawyers involved in the cases. It was also alleged that the judge responded, "There's no need to give everyone the right to life," to a patient's relative's rebuke during a visit.

THEY ARE RACING AGAINST TIME

Speaking to Cumhuriyet about the issue, Şeker Pınar Özcan, President of the Istanbul Chamber of Pharmacists, emphasized that cancer patients are racing against time, saying, "These medications can be obtained with health board reports, but there are many cases where they cannot be obtained. Patients don't have the financial means or time to wait for these lawsuits to be concluded. The Social Security Institution (SGK) will eventually pay for these payments, but treatment needs to begin as soon as possible because cancer patients are racing against time. Medications need to be reimbursed as soon as possible."