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Coronavirus: before the Council of State, chloroquine at the heart of the debates

2020-03-27T07:06:29.654Z


The High Court was seized, inter alia, of the subject of the prescription of chloroquine and stocks of the molecule. Decision before


"I remind you that it is not possible for the Council of State to question any public policy whatsoever ..." It was with this warning that Frédéric Aladjidi wanted to start the hearing that he presided, this Thursday afternoon, while the highest administrative court in the country was seized of the examination of two new interim liberties on the management of the government facing the coronavirus.

Sunday, the Council of State had already sat in emergency after an appeal filed by unions of health care workers demanding a "total containment" of the country. Supposedly legal debates on the question of "manifestly unlawful interference" with several fundamental freedoms, which had finally taken a very political turn. An identical tone emerged on Thursday when the government representative had to answer new questions about the shortage of masks and tests, but also about access to chloroquine, this molecule presented as a remedy by some.

For the masks, "stocks are still insufficient", recognized Charles Touboul, director of legal affairs for social ministries, even dropping the word "shortage", which he had hitherto tried to avoid, faithful to the elements of language of the government. He also recalled the requisition of masks during production in France, without responding to the request of the unions at the origin of the appeal, who wanted a "reorientation of the production lines of the textile industry" to produce more.

VIDEO. Chloroquine debate: "Patients must benefit from this approach"

On the tests at Covid-19, Charles Touboul also conceded “modest” capacities, although on the increase: 5000 per day currently, against 10 000 to 12 000 in Germany… Automatic screening is not a priori either planned at the end of confinement - "the resources of the State are not unlimited" - even if the doctrine is still officially in "gestation".

But it is the question of the use of chloroquine which has captured most of the debates, whereas a decree published Thursday morning now frames it strictly: only hospitals, by way of derogation, can prescribe it to Covid-19 patients, but city doctors are prohibited from doing the same.

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“In some parts of the territory, people have more than an hour's drive to reach their hospital. Their doctors must be given the means to save them! ", Urged Me Nicolas Choley, lawyer for two healthcare unions. "What we allow today may not be what we will allow tomorrow," warned Charles Touboul, recalling the "caution" faced with the lack of reliable data on the effectiveness of this treatment, currently submitted to several clinical trials and the results of which are expected soon.

"The situation is very comparable to that of Roselyne Bachelot"

"It is not a question of defending Professor Raoult (Editor's note: who promotes the use of chloroquine in Marseilles) , but I am surprised to see that the administration is being made doctor instead of doctors", a for his part pointed out Me David Gaschignard, lawyer of a patient "presenting the symptoms of Covid-19", pointing to an infringement of "freedom of prescription". "This drug and its side effects have been known for sixty years," he continued. Its effectiveness may be marginal, it may save 500 people, but before we count 500 deaths due to the use of chloroquine, the hens will have teeth! "

“Is there a risk of quotas like for masks? "Also worried Frédéric Aladjidi, while the decree also prohibited all exports of chloroquine and patients, treated with this molecule for other conditions, already denounce stock shortages. “The concern of the government is that these treatments are not used in a massive and erratic way. The risk would be the disappearance of these products when we really need them, if the tests are conclusive, ”bypassed Charles Touboul.

Pointing precisely to the “global attractiveness” for the molecule and a risk of shortage, Me Gaschignard called to take the lead. "The situation is very comparable to that of Roselyne Bachelot (Editor's note: Minister of Health during the H1N1 flu epidemic in 2009) which was widely criticized at the time: should we build up a product of which we don't know if we'll need it? The lawyer replied: "One hundred million tablets at 40 cents, it costs nothing at all!" The decision of the Council of State is expected by Saturday.

Source: leparis

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