Brazilian Court Upholds Provision of Special Formula for Child Allergy

The Tribunal de Justiça de Santa Catarina (TJSC) has maintained the provision of a special nutritional formula for a child diagnosed with cow's milk protein allergy (APLV). The treatment involves Pregomin Pepti, which was prescribed by the child's physician. Initially, the court ordered the state to supply the formula as long as there was a clinical need, requiring a new prescription every three months.

The state appealed, arguing that the Comissão Nacional de Incorporação de Tecnologias no Sistema Único de Saúde (Conitec) guidelines only endorse providing the formula to children up to 24 months old, suggesting that conventional foods should suffice afterward. However, the court emphasized that these guidelines are references for public policy but do not replace the physician's assessment.

The ruling highlighted that the right to health is protected under Brazil's Federal Constitution, requiring the state to ensure necessary treatments, especially for children. The child's condition, which includes gastroesophageal reflux, atopic dermatitis, and persistent colic, necessitates ongoing use of the formula, supported by the Núcleo de Apoio Técnico do Judiciário (NatJus).

Furthermore, the court noted that the requirement for prescription renewal every three months is a control mechanism to prevent unnecessary continuation of the treatment. This implies that the formula will not be supplied unless clinically indicated.

Ultimately, the court concluded that automatically stopping the formula supply when the child turns 24 months is inappropriate. The decision to continue treatment should remain with the medical professional monitoring the child.