Question juridique clé
Whether Helsana had to reimburse Fermavisc despite its absence from the specialties list
Solution extraite
No reimbursement was owed because Fermavisc was not shown to be indispensable and there were adequate covered alternatives; the restrictive conditions for off-label or orphan-use were not met.
Motifs extraits
Only two doctors considered Fermavisc indispensable, whereas several ophthalmologists identified Lacrycon as an adequate alternative. Given this alternative treatment option, the exceptional case law on off-label/or orphan-use did not apply.