Alzheimer's Suf Ferers Have Their Day in Court

Jun 25, 04:29 PM

Current Headlines: By Jenny Hope

THE decision to deny Health Service patients 2.50-a-day drugs to treat Alzheimer's disease will be challenged in the High Court today.

It will be the first judicial review of a ruling by Labour's NHS 'rationing' body.

The challenge is being funded by Daily Mail readers who donated 230,000 in an appeal.

Campaigners from the Alzheimer's Society want to overturn a decision by the National Institute for Health and Clinical Excellence (NICE) not to fund three drugs for patients with mild or severe symptoms.

Aricept, Exelon and Reminyl are not available to those still in the early stages of the disease, who know their memories are failing.

Up to half of those who try the drugs see an improvement in their condition and the benefits can last for one to two years.

But research has showed that patients who begin treatment at a later stage in the disease never catch up with those who started earlier - suggesting that earlier treatment leads to an improved long-term prognosis.

The High Court fight comes after two years of legal challenges, including five appeals.

The Society believes the process used by NICE to reach its decision was fundamentally flawed and wants it to explain how it reached its conclusions.

NICE has acknowledged the drugs work but claimed they are not cost-effective at 2.50 a day for each patient.

But the charity will argue that the rationing body has failed to take account of the benefit of drugs to carers - shortening care time by 90 minutes a day.

During the four-day hearing the court will hear from drug manufacturers, patient representatives and dementia experts. Drug companies Eisai and Pfizer, which are meeting their own costs, will also argue in court that the appraisal process was unfair.

The judicial review could have implications for campaigners concerned about other NICE decisions, including its decision to let eye disease sufferers go blind in one eye before giving them drugs to save the sight in the other.

Experts believe spending money now on drugs that can slow Alzheimer's makes good economic sense in the medium and long term.

Britons with dementia already have poorer access to diagnosis and treatment than patients in the rest of the European Union.

Campaigners say if NICE's decision is allowed to stand, Britain will be thrust into the 'dark ages' compared with countries such as Germany, where the drugs are given to all patients.

Neil Hunt, chief executive of the Alzheimer's Society, said: 'We are deeply grateful to the readers of the Daily Mail for their support of our legal challenge. People with Alzheimer's disease and their carers have fought long and hard for their day in court.

'NICE has made a complete dog's dinner of this appraisal, using out-of-date figures and failing to listen to the views of people affected by dementia. As there is no independent appeal process, we were left with no choice but to challenge this disgraceful decision in court.' Andrew Dillon, chief executive of NICE, yesterday rejected claims that the organisation's decision-making process was flawed.

'Our consultation, decision-making and appeals processes are transparent and fair,' he said.

j.hope@dailymail.co.uk

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