The claimant challenged the failure of the defendant to list its drug strontium ranelate for prescription within the UK. They said that NICE failed to act fairly and with transparency by their failure to supply or disclose to Servier and the other consultees the economic model and underlying data upon which the conclusions of NICE and the FADs are based. NICE say that they would wish to have disclosed it but were bound by an undertaking of confidence to the owner of the essential data, that NICE failed during their appraisal properly to take into account data submitted by, and relied upon by, Servier (a post hoc analysis of the TROPOS trial) and/or that the non-acceptance by NICE of that data is insufficiently reasoned, and that the final, revised recommendations of NICE unlawfully discriminate against certain categories of disabled patient, contrary to the Disability Discrimination Act 1995.
Judges:
Holman J
Citations:
[2009] EWHC 281 (Admin), [2009] LS Law Medical 163, (2009) 108 BMLR 1
Links:
Jurisdiction:
England and Wales
Citing:
Cited – London Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
Cited by:
At First Instance – Servier Laboratories Ltd, Regina (On the Application of) v National Institute for Health and Clinical Excellence and Another CA 28-Jul-2009
Permission to appeal given. . .
Appeal from – Servier Laboratories Ltd v National Institute for Health and Clinical Excellence and Another CA 31-Mar-2010
The company appealed against refusal of its challenge to the defendant’s decision not to recommend its drug Protelos, saying that another regulatory board, (EMA) had recommended its use. The judge had found the defendant not bound by EMA’s . .
Lists of cited by and citing cases may be incomplete.
Licensing, Health
Updated: 25 March 2022; Ref: scu.295118