Joburg woman drops case against pharma giant over access to 'miracle' cystic fibrosis drug
Although the high price tag still makes it unaffordable to most, changes in the political and economic environment in Argentina have now caused the price of the generic to spike even higher.
The headquarters of US biopharmaceutical company Vertex Pharmaceuticals in Boston, Massachusetts, on November 4, 2023. Picture: AFP/Joseph Prezioso
JOHANNESBURG - A Johannesburg woman has dropped a case she launched last February against US pharmaceuticals company, Vertex over its local patents for life-saving cystic fibrosis drugs, Trikafta and Kalydeco.
At the time the case was launched, Vertex was not selling the drugs in South Africa.
Despite this, the company had patented them here, meaning no one else could sell the Argentinian-made generics either and leaving the treatment -hailed as a 'miracle' in the field out of reach for local patients.
The situation has since changed, and as a result, she has now withdrawn her case.
The main applicant in the case, Cheri Nel's lawyer, Tim Ball, has confirmed that the case was withdrawn on Thursday.
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This after Vertex came to an arrangement to import and distribute Trikafta locally.
Although the high price tag still makes it unaffordable to most, changes in the political and economic environment in Argentina have now caused the price of the generic to spike even higher.
And against this backdrop, even if the challenge to the patents was successful, the applicants say it wouldn't have the desired effect of improving access to the drugs.
The applicants haven't ruled out future action aimed at further improving access. They also believe the launching of their case was a key factor in pushing Vertex to make the arrangements it now has for the supply of Trikafta in South Africa.