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OVG Koblenz, however, demands comprehensive patient education
The "Villa Medica" in the Rhineland-Palatinate Edenkoben may continue their therapies with frozen fresh animal cells for the time being. The Oberverwaltungsgericht (OVG) Koblenz granted a corresponding urgent request from the practice, but obliged the doctors to provide the patients with comprehensive information (file number: 6 B 10500 / 16.OVG).
The private clinic specializes in therapy with fresh cells obtained from sheep fetuses and injected into patients. Recently, only frozen cells have been used. According to the doctor Burkhard Aschoff, the treatment has a positive impact on the immune system, especially for joints and motor skills. This should help with fatigue and potency problems as well as with joint diseases and Down syndrome.
The country banned treatment in December. The freezer cells are "questionable medicines". As of today, the benefits have not been proven. However, there are "significant risks", particularly the risk of transmission of animal pathogens and massive immuno-allergic reactions.
The (BfArM) is working on an expert opinion on fresh cell therapy. It reported on several suspected cases in the United States that animal pathogens may have been transmitted to the patients.
After the Koblenz express decision of August 10, 2016, the practice may still continue the treatments. However, the patients need to be better informed than before, also about the concerns of the BfArM. This must be documented.
The OVG stated that the substantive examination was only possible in the main proceedings. For this purpose, the court wants to obtain opinions from the BfArM and the Paul Ehrlich Institute responsible for vaccines.
In view of the “open factual and legal situation”, the consequences and interests of practice should be rated higher than that of the defendant country. The health concerns can be countered by better education. On the other hand, even a temporary ban on treatment would, according to the OVG, lead to an out of practice and thus a loss of jobs. mwo / fle