The Legal Battle & Developments

Trifekta’s Hefty Price Tag

Living with Cystic Fibrosis

CYSTIC FIBROSIS

A Death Sentence Due to Vertex?

Not without a fight.

CYSTIC FIBROSIS

A Death Sentence Due to Vertex?

Not without a fight.

BACKGROUND TO THE CASE

Cystic Fibrosis (CF) is a genetic disorder that causes thick, sticky mucus in several organs, especially the lungs and pancreas, clogging airways, tubes, ducts, and passageways. This rare, lifelong condition is caused by a genetic mutation in the cystic fibrosis transmembrane conductance regulator (CFTR) gene.

Vertex Pharmaceuticals accomplished the unimaginable. The biotech company developed a revolutionary drug – Trikafta – a first-of-its-kind treatment targeting the genetic defect. Called ‘triple therapy’ and approved by the FDA in 2019, it contains three prescription medicines – ivacaftor, tezacaftor and elexacaftor.

“It’s a miracle drug. If started early in life, it will prevent irreversible damage to the organs, especially the lungs.” – Dr Marco Zampoli, paediatric pulmonologist and head of the cystic fibrosis clinic at Red Cross Children’s Hospital in Cape Town.

Trikafta is available in 40 countries, including North America, UK, Europe, Australia and New Zealand. Although Vertex registered patents over Trikafta in most countries around the world, including South Africa, the biotech has not brought this life-saving chronic medicine that can end patients’ suffering to South Africa.

Argentina is not a part of the global treaty on patent protection, thus they do not recognise Vertex’s intellectual property rights for Trikafta. A pharmaceutical company in Argentina has manufactured a generic version of Trikafta, called Trixacar, which is priced at a tenth of the price of Trikafta. Vertex’s patents blocks this Argentinian pharmaceutical company from supplying and marketing their drugs in other countries around the world. By taking Vertex to court, Cheri is committed to put an end to Verex’s monopoly and patent abuse on vital CF medication.

“You can’t have a system where you file your patents, [but then] you refuse to bring a product to market, or you have it at such an excessive price in a country with the highest inequality in the world, [and then on top of it] you don’t allow any generic manufacturers to come in at a lower price.” – Fatima Hassan, South African human rights lawyer and founder of the Health Justice Initiative in South Africa.

THE MISSION IS CLEAR:

PROTECT HUMAN RIGHTS THROUGH IMPROVED AND AFFORDABLE ACCESS TO VITAL CFTR MODULATORS FOR ALL.

The Legal Battle & Developments

The Nel v Vertex court case is a Right to Equitable Access to Medicine campaign that pleads the case of CF patients in South Africa. The highly profitable American pharmaceutical is withholding registration of life-saving treatments with the South African Health Products Authority (SAHPRA).

The Legal Battle & Developments

The Nel v Vertex court case is a Right to Equitable Access to Medicine campaign that pleads the case of CF patients in South Africa. The highly profitable American pharmaceutical is withholding registration of life-saving treatments with the South African Health Products Authority (SAHPRA).

Trifakta’s Hefty Pricetag

After analysing Vertex’s financial statements, Cheri concluded that Vertex has recouped all its Research and Development (R&D) costs spent, not only on CF related drugs but also on other non-CF related drugs, since 2004 by selling CFTR modulators.

Trifakta’s Hefty Pricetag

After analysing Vertex’s financial statements, Cheri concluded that Vertex has recouped all its Research and Development (R&D) costs spent, not only on CF related drugs but also on other non-CF related drugs, since 2004 by selling CFTR modulators.

Living with Cystic Fibrosis

The lungs of CF patients are a battleground of between bacteria and immune cells. For many, it’s a daily struggle to breathe – sometimes necessitating lung transplants or using permanent oxygen tanks.

Living with Cystic Fibrosis

The lungs of CF patients are a battleground of between bacteria and immune cells. For many, it’s a daily struggle to breathe – sometimes necessitating lung transplants or using permanent oxygen tanks.