In some cases, such as diagnoses of refractory epilepsy, judges in São Paulo have decided that the cost of cannabidiol should be the responsibility of the health plan.
In one of our recent cases, the 5th Civil Court of São Paulo ordered the Health Plan to provide cannabidiol-based medication to a minor with autism spectrum disorder.
In the decision, the judge granted preliminary relief and a fine that, due to delay in compliance, exceeded R$100,000.
The case did not reach the final instance, but it represents a modern trend among Judges, who seek to interpret health plan contracts in light of advances in modern medicine and the Consumer Protection Code.
