Wed Feb 26 08:46:09 UTC 2025: ## Supreme Court Stays Kerala High Court Order on SMA Drug Funding
**New Delhi, February 26, 2025** – The Supreme Court has temporarily blocked a Kerala High Court order mandating the Indian government to provide an additional ₹18 lakh worth of the SMA drug Risdiplam to a 24-year-old patient, Seba PA, exceeding the existing ₹50 lakh cap.
The High Court ruling, issued on February 6th, aimed to ensure continued treatment for Seba until a separate court case addresses the drug’s high cost. Risdiplam, priced at ₹6.2 lakh per bottle, necessitates monthly costs ranging from one to three bottles depending on the patient’s weight, rendering long-term treatment financially prohibitive for many.
The central government appealed the High Court’s decision, arguing that granting individual exceptions could create an unsustainable financial burden, given that over 3,000 SMA patients exist in India with varying needs. The government maintains its policy of a firm ₹50 lakh cap for all patients.
Senior advocate Anand Grover, representing Seba, suggested the government could have negotiated lower prices with the drug manufacturer or utilized provisions of the Patents Act, 1970, citing successful price reductions achieved by countries like China and Pakistan. The Supreme Court bench acknowledged the government’s potential interest in lowering costs but noted possible international implications.
The Supreme Court has issued a notice to the respondents and will hear the case again in the week commencing April 17th. Until then, the High Court’s order is stayed. The bench also suggested the government consider approving expenditure beyond ₹50 lakh on a case-by-case basis.
First Piper 