DRAFT
Viceconte, Mariela Cecilia
v.
Argentinian Ministry of Health and Social Welfare
Poder Judicial de la Nación
Causa no 31.777/96
June 2, 1998
I . Plaintiff initiated her lawsuit based on constitutional claims requesting the
federal state to:
a) invoke all necessary measures to complete the production of the Candid 1
Vaccine, which protects against the Hemorrágica Fever in Argentina, in the Dr.
Julio Maiztegui National Institute of Viral Illnesses, and to assure its immediate
distribution to the entire population which is potentially affected by the Junin
Virus; and
b) implement, in coordination with the competent public agencies a campaign to
restore the ecosystem.
II . The cicuit court denied the claim, at fs 258/265vta, and imposed court costs
for the order.
In order to resolve the case the court found that:
According to the defendant´s report on pages 97/125, the defendant gave an
account of the steps that were taken to produce the Candid 1 Vaccine in the
country and, consequentially the trial court ruled that it was not able to address
this aspect of the plaintiff´s complaint, because it lacks judicial authority to
render a decision pertaining to this aspect;
the the matters regarding the vaccine, which is in a stage of investigation, does
not belong to the competence of the judicial courts, but rather, it is an admistrive
authority matter.
according with law 16.463, the circuit court could not decide upon a medical
experimentation, whch was a very incipient process and, therefore, it would be