A federal judge ordered the State Cancer Center (Cecan) of Durango to deliver the drug Palbociclib 125mg to an elderly patient from Gómez Palacio diagnosed with breast cancer and bone metastasis, who has been waiting for the drug for more than two months, which costs around 80 thousand pesos.
Mrs. Martha Chavez Ramirez, who It does not have a social security system and is attended to by Cecanof the State Health Secretariat filed a request for protection last Wednesday, September 18, 2024, before the Fourth District Court in La Laguna.
The complainant stated that the actions complained of by the responsible authorities included the omission and/or refusal to provide him with said medication, which he stated under penalty of perjury, has not been delivered to him despite having been prescribed to him since July 14, through medical prescription number 404670 issued by the Durango Health Service.
Through Amparo Trial 1341/2024 and taking into consideration the above and considering that said act could compromise his health status, The suspension was granted in favor of the complainant so that Cecan, designated as responsible, provides her with the prescribed medication.The responsible authorities must report compliance with said determination within a period of no more than 24 hours, attaching, where appropriate, a certified copy of the supporting documents.
In case of failure to comply with the above or failure to report the impediment to comply with the term granted for such purpose, they will be subject to a fine equivalent to 500 units of measurement and updating (54,285 pesos), in accordance with numeral 237 section I of the amparo law. The judge reported that the precautionary measure that is decreed must be complied with by the responsible authorities under penalty that in case of disobediencethe Federal Public Prosecutor assigned to the court will be notified of his contempt. The summons was sent to the Third District Court in the state, with residence in Durango, Durango, since the Cecan is located in the capital.
The protection was promoted by the Probono area of the law firm “Más que Derecho” which is headed by Juan José Rojas Torres; the advice was free of charge.
She said that from 2023 to date she would be the fourth woman to have a claim for protection processed free of charge, most of them have been diagnosed with cancer and the authorities indicated have been the Clínica del Magisterio, the Mexican Social Security Institute (IMSS) and now the Cecan.
Rojas Torres commented that the case of Mrs. Martha reflects the importance of having a solid Judicial Branch of the Federation, with competent people, with judicial careers and who are versed in Human Rights issues. “It is the most sensitive example of why it is important that we have a solid Judicial Branch, reliable and with people with the technical and legal capacity to resolve this type of disputeswhat the reform does and how it is proposed, weakens the Judicial Branch because it undermines the judicial career, which is extremely important because it is what ensures that those who are incoming, judges and magistrates, are the most capable and best prepared people,” he added. If you are experiencing a situation similar to that of Mrs. Martha, you can contact “Más que Derecho” at the telephone number 871-100-2196.
