Lawyers from the Czyzewscy Law Firm, acting pro bono, have successfully represented a child suffering from Dravet syndrome – a rare genetic epileptic dysfunction of the brain — in a dispute with the Polish Minister of Health.
According to the Czyzewscy Law Firm, “apart from threats to life and health, [Dravet’s] disease is characterized by its weak response to any drug treatment. According to our client’s physician, using a specific drug would be likely to improve his health. Because the drug has a very high price and is not admissible in Poland, our client applied to the Minister of Health for its consent to import the drug and for its reimbursement. The Minister of Health gave consent to import the medication, but refused to reimburse it. According to the Minister of Health, refusal of reimbursement has been caused by formal reasons.”
The Provincial Administrative Court in Warsaw, in a ruling of August 20th, 2015, revoked the decision of the Minister of Health refusing reimbursement. In its decision, the Court announced that it found the arguments of Czyzewscy attorney Tomasz Sieminski compelling, and that "the decision of the Minister of Health was contrary to the principle of increasing the trust of citizens in the State bodies.” The Court ruled that the Minister of Health's breach of that principle in this case lay in the fact that in similar cases the Minister of Health had reimbursed patients for the cost of a necessary treatment.
The sentence is not yet legally binding.
The Czyzewscy Law Firm team was led by Partner Katarzyna Czyzewska and attorney Tomasz Jan Sieminski, with support from trainee attorney-at-law Dominika Chrabanska.