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What is the cost of brand name prescriptions in the judicialization of access to medicines?

Abstract

Aim

Estimate the cost and economics of the purchase of medicines provided through lawsuit considering the acquisition of branded medicines, generic and similar equivalent.

Methods

The descriptive and analytical study of deferred lawsuits (n = 186) for access to medicines demanded in the Antonio Prado – RS, between the years 2004 to 2015, investigated the cost of the medicines for the full compliance of the shares considering three scenarios: A - the acquisition of brand name medicines; B - the acquisition of generic and C - acquisition of smaller value considering brand name drug, generic equivalent or similar. The financial impact of this difference was estimated as the annual cost of the acquisition of Pharmaceutical Services Basic Component (CBAF) of this municipality.

Results

The accumulated amount required for full compliance with the active lawsuits between the years 2004 to 2015 would be R $ 6,592,936.58 for scenario A, of R $ 5,573,571.19 for the scenario B and R $ 5,357,309.82 for scenario C. The percentage saving compared to scenario A was 13.44% for the acquisition of generic drugs (scenario B) and 17.94% for the acquisition of lower drug (C scenario). This difference in cost of the branded drugs ordered through judicial processes is over than 6 years and budget means comparing scenario B to A, and nearly 10 years comparing the scenario C to A.

Conclusions

The lawsuits of access to medicines that require brand name drugs further burden the public health system, and hurt the principle of free competition that guides public tenders, including the drug. As the Brazilian Sistema Único de Saúde (SUS) under the requirements shall be according to the Brazilian Common Denomination, the lawsuits for access to medicines should respect this guidance.

Keywords:
health litigation; pharmaceutical services; pharmacoeconomics; medicines

Instituto de Estudos em Saúde Coletiva da Universidade Federal do Rio de Janeiro Avenida Horácio Macedo, S/N, CEP: 21941-598, Tel.: (55 21) 3938 9494 - Rio de Janeiro - RJ - Brazil
E-mail: cadernos@iesc.ufrj.br