Roche suffers another blow as Indian Supreme Court allows sale of generics of its expensive rare disease drug

In a case billed as profiteering against patients, India’s Supreme Court rejected a petition in which Roche sought to stop a generic drugmaker from selling a cheaper version of an expensive rare disease drug.

The move comes after a lower court earlier this month upheld a ruling that it would be in the public interest to allow Natco Pharma to sell a version of Evrysdi for about $179 a bottle. For comparison, Roche charges $6,982 for its drug, used to combat spinal muscular atrophy, a genetic disease that causes certain muscles to weaken and waste away. A severe form of the disease can lead to death before the age of 2 if left untreated.

Currently, more than 5,000 people in India live with the disease and about 3,200 children are born with it each year, but fewer than 170 people had access to the drug a year ago, according to advocacy groups. The annual cost for an adult patient is $81,000, but although a patient assistance program exists, availability is limited to what the Deli High Court recently described as a “tiny” number of people.