14.
Mrs. Cayaxon García was born on December 12, 1976. She lived in Retalhuleu,
Guatemala. Her schooling ended after she had completed third year of primary education.
She was diagnosed with HIV in 2002 in the Retalhuleu Hospital. MSF began to treat her in
May 2002 in the Coatepeque National Hospital where she started antiretroviral treatment in
November that year. She did not have regular access to CD4 counts and viral load testing,
and her medication was not provided on a regular basis. The absence of the drugs resulted
in resistance to the antiretroviral treatment, which led to her developing several
opportunistic diseases. She suffered from enlarged liver, herpes, severe sciatica, bronchial
hyperresponsiveness and pharyngitis. She died on October 9, 2012, from chronic kidney
failure.274
15.
Her family unit consisted of her partner, Rafael de León (deceased), her daughters
Sandra Judith, Guadalupe and Yensi Nohemí, all Pérez Cayaxon; her father Neftalí Cayaxon
Pérez and her mother Cruz García Ramos275.
A.9. José Rubén Delgado López
16.
Mr. Delgado López was born on July 21, 1956, in the village of Xab, in the
department of Retalhuleu, Guatemala. He carried out farming activities. He was diagnosed
in 2002, in a private clinic. The same year he received treatment from MSF and, later, in
the Coatepeque National Hospital, and he began his antiretroviral treatment in 2003. He
was tested intermittently for viral load (3 times) and CD4 count (6 times), without being
informed of the results. In 2008, the State reported that Mr. Delgado López had a
respiratory tract infection and oral candidiasis. He suffered from cutaneous cryptococcus,
sarcoidosis, eye trauma, papular pruritic eruptions, herpes, second-degree malnutrition,
lipomas, diarrhea, dizziness, otitis and cephalea. He was tested for resistance to the
antiretroviral drugs and this showed therapeutic failure due to resistance to lamivudine,
efavirenz and nevirapine. Due to his illness, he was unable to work and he died on May 14,
2010. For 15 days before he died, he had been in an acute condition, unable to eat or
urinate and with vomits.276
17.
His family unit consisted of his brother Antonio Miranda Méndez, his sister-in-law
Magdalena López de Miranda, his sons Héctor and Francisco, both Delgado Pérez, and his
niece Lidia Mirtala Miranda López.277
A.10. Elsa Miriam Estrada Ruíz
Statements made by Noelia Elizabeth Cayaxón García and Cruz García Ramos on January 13 and February
11, 2017 (evidence file, folio 11754); the petitioners’ brief of August 7, 2009 (evidence file, folios 830 and 831);
report of the Administrative Director of the Coatepeque Hospital dated February 5, 2008, on the medical care
provided to Guadalupe Cayaxon (evidence file, folio 1079), and statements made by Cruz García Ramos on January
11 and February 11, 2017 (evidence file, folio 11597).
274
The petitioners’ brief of September 30, 2011 (evidence file, folio 1365), and list annexed to the IACHR
Merits Report of April 13, 2016 (evidence file, folio 12766).
275
Affidavit prepared by Antonio Miranda Méndez on February 12, 2017 (evidence file, folio 11557); the
petitioners’ brief of December 10, 2010, which included data collected by Dr. Cristina Calderón (co-petitioner) from
the medical records of the presumed victims and from interviews (evidence file, folios 1405 and 1406); the
petitioners’ brief of August 7, 2009 (evidence file, folio 825), and Report of the Administrative Director of the
Coatepeque Hospital dated February 5, 2008, on the medical care provided to Rubén Delgado (evidence file, folio
1071).
276
The petitioners’ brief of September 30, 2011 (evidence file, folio 1362), and list annexed to the IACHR
Merits Report of April 13, 2016 (evidence file, folio 12768).
277
93