High Court fast tracks legal challenge to Alzheimer’s treatment decision

By Tony Watts - Editor - 09/05/2007

The High Court is to fast track the date for the Judicial Review hearing which will challeng the process by which the National Institute for Health and Clinical Excellence (NICE) reached its decision to ban anti-dementia medicines for NHS patients with newly diagnosed mild Alzheimer's disease.
 
The High Court has listed the hearing to commence on 25 June 2007 and has allocated four days of court time. The hearing has been moved from October.
 
Earlier this year the High Court granted permission to proceed to a Judicial Review on the following three grounds:
 
* Procedural: since NICE has repeatedly refused to disclose a fully working version of the cost effectiveness model used to determine the value of treatment in patients with mild Alzheimer's disease, the process leading to the Final Appraisal Determination (FAD) and the new treatment guidance breached the principles of procedural fairness

* Irrationality: some of the assumptions made or conclusions drawn in the FAD are irrational or cannot be supported

* Human Rights/Discrimination: the use of MMSE (Mini Mental State Examination) scores as a rigid tool to determine access to treatment discriminates against certain patient groups
 
The request was granted to Eisai Limited, the licence holder of Aricept® (donepezil hydrochloride), who are supported by Pfizer Limited, its co-promotion partner).

Dr Paul Hooper, Managing Director of Eisai Ltd, said, “It is vital to have the Judicial Review heard as soon as possible, and we are delighted to now be one step closer to concluding this process.  

“We believe that patients suffering from mild stages of Alzheimer’s should be treated as soon as possible rather than having to wait until they have deteriorated further. Time lost before commencing treatment can never be regained.”