The Court of Appeal has ordered the National Institute for Health and Clinical Excellence (NICE) to pay 60% of Eisai’s costs, following a judicial review which concluded that the body had acted unfairly in restricting access to antidementia drug Aricept.
The Court found in favour of Eisai Limited, the licence holder of Aricept (donepezil hydrochloride) and Pfizer Limited, its co-promotion partner, in ruling that the decision to restrict antidementia medicines for newly diagnosed patients with mild Alzheimer’s disease was procedurally unfair.
The Court has decided that NICE must make available to all consultees, within 14 days of the end of the period for appealing to the House of Lords, a copy of the fully executable version (FEV) of the cost-effectiveness model used to produce guidance for the treatment of patients with Alzheimer’s.
Eisai and other consultees will have a period of 42 days from receipt of the FEV in which to review the model and make representations to NICE.
NICE has been refused permission to appeal to the House of Lords.