each day went by, until he needed to be hospitalized, which he rejected because he wished to
die at home. The State did not refute the petitioners’ allegations and did not introduce any
documentary supporting evidence to indicate that he received any medical care prior to his
death.
Reina López Mujica was diagnosed in 2002 and passed away on November 6, 2003. The
petitioners indicated that she began treatment with Doctors Without Borders in May 2002
and died of tuberculosis and acute anemia produced by antiretroviral drugs. They claimed
that no genotypic or phenotypic testing was performed on her in order to adjust her
treatment regime, nor was testing done in general in order to assess her health status. The
State did not refute the petitioners’ allegations and did not introduce any supporting
documentary evidence to indicate that she received medical care prior to her death.
Ismar Ramírez Chajón was diagnosed in 1996 and passed away in December 2003. The
petitioners claimed that he died of multi-resistant tuberculosis. They noted that before he
died he was hospitalized in the Roosevelt Hospital, treatment was provided to him at the
IGSS where, they allege, he developed resistance to medications. They contended that
despite this situation, no genotypic or phenotypic testing was done on him, which was
indicated in order to respond to the multi-resistance he presented. The State did not refute
the petitioners’ allegations.
Petrona López González, died in January 2004. The petitioners noted that he died of
pneumonia. They claimed that even though prior to his passing he was being monitored at
the clinical facility of San Bernardino, no viral load or CD4 cell count testing was performed
on him. They contended that just before passing away, he was so weak that he could not
make it to a hospital. The State did not refute this failure to test the alleged victim. The
Commission notes that the State only indicated that Mrs. López had a medical appointment
on June 12, 2007.
Rita Dubón Orozco, died on June 27, 2006. The petitioners indicated that she died of
pneumonia and that no viral load, CD4 cell count and genotypic and phenotypic testing was
performed on her. The State did not refute this failure to test the alleged victim.
Luis Edwin Cruz Gramau, died in January 2008. The petitioners claimed that no phenotypic
or genotypic testing was done on him. The State did not refute this failure to test the alleged
victim.
Maria Vail López was diagnosed in 2001 and passed away on March 28, 2011. The
petitioners claimed that the disease was not diagnosed by the State. They contended that
CD4 cell count and viral load testing was not performed on her regularly, which caused
several opportunistic diseases in her, such as dermatitis, otitis and histoplasmosis. The State
did not refute this failure to test the alleged victim. The State only noted that Mrs. Vail’s
health status was good and that she regularly went to her medical appointments. The
Commission notes that the State claimed that her last medical visit was December 21, 2011.
2.2
Information on the living alleged victims
68.
The petitioners claimed that the remaining surviving 41 alleged victims did not receive care
from the State until 2006. They further contended that the care they received subsequent to that date has not
been comprehensive. Said information has not been refuted by the State through any documentation to
indicate otherwise. In actuality, this information is consistent with the State’s general recognition indicating
that prior to that year, it offered care to a small group of the population with HIV/AIDS. The petitioners noted
that subsequently the alleged victims have received inadequate medical care, which includes a failure to
conduct testing, lack of access to medicine because of the periodical short supply thereof, among other
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