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Table 1 Italian courts’ decisions regarding stem cell-based therapies

From: Stem cell therapy: from evidence-based medicine to emotion-based medicine? The long Italian way for a scientific regulation

Court Disabling disease Legal reasoning ruled
Court of Justice, Venice 2012 Spinal muscular atrophy (SMA1) The Tribunal accepted to provide stem cell-based therapies, highlighting that they are not experimental drugs. The use of them is allowed by the Italian decree, called Turco-Fazio 2006.
Court of Justice, Matera 2012 Niemann-Pick syndrome The Tribunal accepted to provide stem cell-based therapies, operating a counterbalance of opposite health interests: the right to individual and the right to public health. The absence of efficacious alternative therapies justify the individual right to health as the prevailing interest to protect.
Court of Justice, Crotone 2013 Niemann-Pick syndrome The Tribunal accepted to provide stem cell-based therapies. When the case is urgent and exceptional, the protection of life and health must be strengthened and addressed toward a compassionate and personalized point of view.
Court of Justice, Trento 2012 Spinal muscular atrophy (SMA1) The Tribunal accepted to provide stem cell-based therapies. To deny the stem cell-based therapy in a case that does not have alternatives therapies may jeopardize the right to life and the right to health, determining a possible loss of survival and quality life improvement chances. This might also limit the technological progress in the field of the medical science.
Court of Justice, Rome 2012 Amyotrophic lateral sclerosis The Tribunal did not accept to provide Stamina’s stem cell-based therapies. The patient’s health is not sufficiently protected.
Court of Justice, Firenze 2012 Metachromatic leukodystrophy The Tribunal did not accept to provide Stamina’s stem cell-based therapies. The patient’s health is not sufficiently protected. The absence of scientific data regarding stem cell-based therapies prevent considering treatment safe and useful.