Latest update November 29th, 2024 1:00 AM
Private hospital takes Health Minister to court over drug imports
The High Court is examining evidence to determine whether Minister of Health Volda Lawrence had overstepped her legal boundaries in refusing entry of certain medication into the country.
The matter currently before Justice Fidela Corbin-Lincoln surrounds the refusal by the Minister to grant the Dr. Balwant Singh’s Hospital, a private institution, authorization to import certain drugs manufactured in India.
Yesterday, the Court sought to examine, based on the evidence presented, whether the Health Minister was within her legal rights to refuse medication into the country.
Minister of Health Volda Lawrence
It was pointed out that based on the Affidavit provided by Minister Lawrence, she failed to show where the applicant, Balwant Singh Hospital, had breached the regulations in accordance with the Food and Drug Act.
Based on the affidavit, the Court noted, too, that the Minister also failed to give her reasons for refusing the drugs into the country.
During the hearings at the High Court, questions were also raised over the certificates provided by the Indian manufacturers and whether they were in keeping with the requisite sections of the Food and Drug Act.
Balwant Singh’s Hospital, through Attorney Devindra Kissoon, filed an application to quash the Minister‘s refusal to grant import license for the lifesaving drugs. However, this is not the first case filed by the Balwant Singh hospital against the State over the refusal to allow India manufactured drugs into the country.
Last January, Chief Justice (ag) Roxane George, S.C. deemed Food and Drugs Director, Marlan Cole’s refusal to grant registration of several life-saving drugs to Dr. Balwant Singh’s Hospital, unlawful.
The lawsuit was also to compel the Food and Drug regulator to reconsider those licence applications and for him to provide a list of all new drugs currently being sold in Guyana along with the names of those persons authorised to sell those drugs.
Cole, the court documents said, indicated he would not register any drugs manufactured in India. He had also initially failed to provide the hospital with the requested list of drugs.
Cole had also rejected all attempts by the hospital to settle the matter without court intervention.
Kissoon therefore argued that Cole’s failure to approve the licences or provide the applicant (the hospital) with the list, created an untenable situation. This is because as a major public health provider, it is unable to import drugs necessary for the treatment of its patients.
Worse yet, by its refusal of a list that may be available for sale by licensed importers, the Food and Drug Analyst endangered the well-being of its patients and the applicant’s business operation.
Kissoon argued that the hospital had routinely been provided with lists in the past and issued licences for drugs manufactured in India pursuant to Section 78(2)(k)(v) of the Food and Drug Regulations.
He claimed that Cole was deliberately misleading the Court, by stating that “list supplied by Mr. Cole is woefully incomplete, in not containing the name of the local suppliers, registration numbers, date of registration, and manufacturer of the registered drugs.”
Kissoon argued that without knowing where to buy lifesaving drugs, the hospital’s patients were at risk.
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