COFEPRIS orders to suspend transplants in the IMSS hospital in Veracruz Puerto

Due to irregularities detected within said program, the Federal Commission for the Protection Against Sanitary Risks (COFFEPRIS) suspended the transplant service of the High Specialty Medical Unit (UMAE) of the “Adolfo Ruiz Cortines” National Medical Center in the port of Veracruz.

Said suspension affects 748 beneficiaries of the Mexican Institute of Social Security (IMSS).

According to the official letter COFEPRIS/COS-DEDS-20-AF-3330-TV-2021, the regulator verified the disposition of organs, tissues and cells for therapeutic purposes in the UMAE of the IMSS-Cuauhtémoc de Veracruz.

In the review, the regulator detected two irregularities, among them the lack of a clinical file of the recipient and the transplant prognosis and that the National Registry of Transplants did not include the names of the candidates to receive an organ.

In addition, COFEPRIS warned that in certain cases, there was no evidence of a direct blood relationship between a donor and a donor and therefore ruled that the Social Security UMAE did not comply with the General Health Law, with the Regulations of the General Health Law on the Provision of Medical Care Services and with the Official Standards (NOM) in force.

In response to the suspension of the transplant service, the director of the UMAE-Veracruz Social Security, Víctor Bernal Dolores, resorted to the Sixth District Court in the State, residing in Boca del Río, to file an appeal against the COFEPRIS measure.

Although the 6th judge, Vicente Salazar López, decided to dismiss the protection of the Director of the Hospital, Bernal Dolores escalated the case before the Second Collegiate Court in Administrative Matters of the Seventh Circuit.

In his lawsuit, the official argued an injury to the exercise of the functions of the National Medical Center and although he was not representing a patient; the suspension of COFEPRIS made it impossible to guarantee the right to health of 748 beneficiaries enrolled in the program.

Despite the arguments, the Collegiate in Administrative Matters determined to endorse the resolution of the 6th Judge, since it was the suspension of the provision of a service provided in the medical unit, without damage to the patrimonial rights and therefore, Social Security did not was able to reverse the resolution of COFEPRIS regarding the transplant service in the IMSS.

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