MEXICO CITY – June, 3 2024– A team from global law firm Greenberg Traurig’s Mexico City office has secured another pro bono victory on behalf of a 16-year-old client in his quest to obtain appropriate and regular medical treatment for refractory epilepsy.
In December 2021 Greenberg Traurig secured the first victory in this case, obtaining an order directing health authorities in Mexico to provide him with the COVID-19 vaccine, which was not approved for children under 18 in Mexico at the time, due to his high-risk condition. Our client became the first minor vaccinated in Mexico against COVID-19.
As the trial continued, doctors prescribed him a cannabidiol-based drug for his refractory epilepsy, which is not regulated in the country. When the health authorities refused to provide the drug, the Greenberg Traurig team, led by Associate Hugo Hernández, argued that a government-run hospital was required to fill the prescription. The court agreed and ordered to immediately provide our client the drug.
Finally, the judge ordered the health authorities to reimburse the family for the expenses they incurred to fill the prescription on their own. This is the first case in Mexico where a judge has ordered authorities to reimburse a patient for expenses they incurred by purchasing supplies not included in the basic list and catalog of health sector supplies, setting a precedent for the right to health care and access to medicine.
Hugo Hernández stated, “We are extremely proud to have achieved this important decision, not only because of what it represents for the Mexican legal system, but also because it helps our client enjoy the highest level of health care to which he is entitled. We hope this criterion will extend to others in similar situations.”
The boy’s father commented, “It is a great privilege for me, my son, and our family to have the support of a law firm so committed to the fundamental values of life and health. From the beginning, they have shared my conviction in my son's constitutional rights, fighting tirelessly during these three years to establish a vital precedent not only for him, but for all children and teenagers in Mexico. Although the battle is not yet over and full compliance by the authorities remains to be enforced, I have full confidence in our team to achieve this in the near future. This amparo has the potential to become a historic milestone for the right to health care in Mexico”.
Additional members of the Greenberg Traurig Mexico City Pro Bono team included Shareholder Joselino Morales Lopez and Associates Perla Salgado Román and Miguel Saiz. Shareholder Víctor Manuel Frías Garcés and Associate Daniela Reyes Rodríguez coordinate Greenberg’s pro bono work in the Mexico City office.
Frías Garcés emphasized “the clarity of the judicial authorities as allies of citizens in the fight for their rights,” adding, “we are all very proud of what can be achieved by a tremendously strong young man, a father who has never given up, and a group of lawyers who continue to pursue a dream of justice.”
For more information, read Greenberg Traurig Represents Pro Bono a Family in Health Care Case.