Introduction:

In a significant development, the Kerala High Court addressed a plea filed by Seba P.A., a 24-year-old suffering from Spinal Muscular Atrophy (SMA), regarding the steep pricing of the life-saving medicine, Risdiplam. Justice Devan Ramachandran presided over the case, commending the Kerala government’s efforts in providing free medications to minor children afflicted with SMA. However, due to age restrictions in the existing policy, the petitioner, being 24 years old, could not avail of this support. The court explored avenues for the petitioner’s assistance, engaging both state and central government representatives.

Arguments:

Advocates Maitreyi Sachidananda Hegde, Anjali Anil A., and Ashish Antony Francis presented Seba P.A.’s plea, highlighting the exorbitant costs of Risdiplam and seeking relief from the financial burden. Government Pleader Vidya Kuriakose informed the court about the state’s commendable policy, providing free medications for SMA to children below 8 years. However, the limitation in age coverage became a hurdle for the petitioner’s access to free drugs. The court, concerned about the petitioner’s plight, inquired about alternative central government schemes and sought clarity on crowdfunding possibilities.

Court’s Judgment:

Justice Devan Ramachandran lauded the state government’s proactive steps in aiding SMA patients but recognized the petitioner’s age as a barrier under the current policy. While acknowledging the limitations, the court explored avenues for the petitioner’s assistance, directing the Central Government Counsel to release the entitled funds under the National Policy for Rare Diseases. The court probed the possibility of exceptions to assist the petitioner in her treatment, reflecting a compassionate approach to alleviate the petitioner’s financial strain.