‎Brazil News

 

Plan must provide medicine to Jehovahs Witness who refused transfusion

Medication will enable the implementation of a protocol that respects the patient's religious beliefs.

From the Editors

 

Wednesday, February 5, 2025

 

Updated at 13:32

 

To share

 

A health plan must provide medication to a Jehovah's Witness patient who needs the drug for bone marrow recovery, since her religion does not allow blood, plasma or platelet transfusions. The decision was made by Judge Vanessa Carolina Fernandes Ferrari, of the 1st Civil Court of São Miguel Paulista/SP, who granted the patient the right to follow the PBM (Patient Blood Management) protocol.

 

In this case, the patient filed the lawsuit claiming to have Hodgkins lymphoma and to need the medication Ferrinject, as prescribed by her doctor.

 

She argued that the health plans refusal to provide treatment constituted abuse, considering that the medication was essential for her recovery and that her refusal of transfusions was due to religious beliefs.

 

 

 

Health insurance must provide medication to Jehovah's Witness patient as an alternative treatment to blood transfusion. 

When analyzing the request, the judge understood that the requirements for granting preliminary urgent protection were present, with evidence of the probability of the right and the risk of damage or risk to the useful result of the process.

 

The judge highlighted that the author's purchase of the health plan was proven in the records, as was the medical prescription indicating the need for treatment.

 

Furthermore, he mentioned the understanding of the STF, which, under the general repercussion regime ( RE 1,212,272 ), recognized the right of Jehovahs Witness patients to receive alternative treatments to blood transfusion, in respect of their religious conscience.

 

 

Read more

STF rules that Jehovah's Witnesses can refuse blood transfusion

 

The decision emphasized that  it is the sole responsibility of the physician to indicate the appropriate treatment for the patient, and denial of coverage on the grounds of experimental nature or absence from the ANS list of procedures is abusive . This understanding is consolidated in summary 102 of the TJ/SP .

 

In view of this, the judge determined that the health plan must provide the medication Ferrinject and other supplies necessary for the treatment within five days, under penalty of a daily fine of R$500.00, limited to a maximum amount of R$15,000.

 

 link: https://www.migalhas.com.br/quentes/424118/plano-deve-fornecer-remedio-a-testemunha-de-jeova-que-negou-transfusao