The Supreme Court asked a drug manufacturer if medicine for the rare disease Spinal Muscular Atrophy (SMA) can be made available at a lower price in India. The Court said that the Union of India and Seba PA can contact companies making the drug. This would help ensure affordable treatment for patients. The aim is to reduce the financial burden on families dealing with SMA.
New Delhi: The Supreme Court asked the manufacturer of Risdiplam, a medication for spinal muscular atrophy (SMA), whether it can be offered at a lower price in India, particularly since it is being sold at cheaper rates in neighboring countries like Pakistan and China.
A bench consisting of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan requested the drug manufacturer to respond after being informed by the counsel for a 24-year-old woman suffering from Group III SMA that the drug is less expensive abroad.
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The bench ordered,
“Keeping in view the nature of the controversy, we deem it appropriate to issue notice to M/s. F. Hoffmann-La Roche Ltd., the manufacturer of the drug, Risdiplam, which may be served through…This Court shall be informed, on the next date of hearing, the price fixed for the aforesaid drug in neighbouring countries. If the price is lower than in India, the Court shall also be informed as to whether the drug can be supplied at the same lower price in India also,”
During the hearing on Friday, senior advocate Anand Grover, representing Seba, mentioned that the medicine is less expensive in Pakistan and China due to government interventions in those countries.
Grover argued that the Indian government should negotiate with the global drug manufacturer to make the medicine available at a more affordable price.
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The Supreme Court has scheduled the next hearing for April 8, noting that many patients in India are suffering from this disorder. The bench stated that its interim order from February 24 would remain in effect until the next hearing.
On February 24, the Court had stayed a Kerala High Court ruling that directed the Centre to provide medicines worth Rs.18 lakh to Seba, in addition to the Rs.50 lakh provided under a Central government scheme. The Centre has appealed this decision in the Supreme Court.
Advising the woman to also seek financial assistance from other sources for her treatment, the top court stated,
“Till the next date of hearing, there shall be stay of the operation of the impugned judgement. However, it will be open to the petitioners to examine the request made on behalf of respondent No. 1 (Seba), as permissible in law,”
The bench remarked,
“It will also be open to respondent No. 1, Seba PA, as well as the Union of India to get in touch with the companies that manufacture the subject drug(s) so as to enable economical treatment of the patients suffering from the disease in question, that is, Spinal Muscular Atrophy.”
The Supreme Court permitted the woman to send a copy of its order to the relevant companies, requesting the supply of the drug(s) at concessional rates.