A two-year fight against the decision to restrict access to the only drug treatments for Alzheimer’s disease has arrived at the Royal Courts of Justice, UK.
The case is the first-ever judicial review of the National Institute of Health and Clinical Excellence (NICE) and follows its recommendation denying drugs to people in the early stages of Alzheimer’s disease.
This latest chapter in the campaign follows more than 8,000 objections, five appeals and a day of nationwide protests. The Alzheimer?s Society strongly believes the process used by NICE to reach its decision was fundamentally flawed. NICE acknowledge the drugs work but say they are not cost effective at ?2.50 per person, per day.
Neil Hunt, chief executive of the Alzheimer?s Society, says,
?People with Alzheimer?s disease and their carers have fought long and hard for their day in court. These treatments have benefited so many families already ? where is the justice in NICE?s decision to snatch them away?
Another 100,000 people will develop dementia this year alone and the result of this case will affect not only them but their families too. We have to fight NICE?s fatally flawed process, which has failed to recognise the benefits these treatments have for carers.?
People with Alzheimer?s disease and their carers will be among those protesting outside the court this week, as the judicial review gets underway. Their powerful testimonies will form part of the evidence used by the Alzheimer?s Society in their legal challenge. The charity is acting as an interested party in the judicial review, representing the views of people with dementia and their carers. During the four-day hearing the court will hear representations from drug manufacturers, patient representatives and dementia experts.
Diana Barnes, who has Alzheimer?s disease, says,
?Alzheimer?s is a disease that gets worse as time goes on. The drugs, for me at least, have prevented this from happening. It was as if a fog in my head had been lifted. I still have good days and bad days, but the drugs have made a big difference. They have vastly improved the quality of my life. They talk about money but these drugs only cost ?2.50 a day. It seems madness to take away things that help people.?
In March 2005, NICE, the UK government body which produces guidance on which drug treatments should be funded by the NHS, ruled four drug treatments licensed for Alzheimer’s disease (Aricept, Exelon, Reminyl and Ebixa) should no longer be funded by the NHS. It acknowledged that three drugs were clinically effective, but stated that they were not cost effective. Following an unprecedented response NICE changed its position to allow only people only in the moderate stages of the disease access to drug treatments. Following an unsuccessful appeal to an internal review body the Alzheimer?s Society is now challenging the decision in the high court.
Pfizer/Eisai, manufacturer of Aricept, is the lead claimant in this judicial review. The Alzheimer?s Society will be acting as one of a number of separate interested parties in this challenge. Its legal team will be representing the interests of people with dementia and their carers and raising additional arguments.