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 recommendations.
Held: The appeal succeeded. The appeal was in effect on the basis that the judge had inadequately explained his reasons. NICE had based its rejection on the fact that there had been a use of post hoc results from a sub-group of the initial randomised trial, but the judge had not allowed that the the group selected may in fact have been appropriate and had not explained why it was not. NICE should make a fresh decsion.
Judges:
Pill, Smith, Wilson LJJ
Citations:
[2010] EWCA Civ 346
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Servier Laboratories Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence and others Admn 19-Feb-2009
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 . .
Leave to Appeal – 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. . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 25 March 2022; Ref: scu.406623
