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Vol 277 No 7428 p625
25 November 2006

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NICE appraisal of Alzheimer’s drugs may be target of judicial review

Will & Deni McIntyre/Science Photo Library

Patients with early Alzheimer's disease

Patients with early Alzheimer's disease do not qualify for treatment

Manufacturers opposed to the decision by the National Institute for Health and Clinical Excellence's to restrict patient access to certain Alzheimer's disease drugs may seek a judicial review into the thinking behind the institute's dementia guideline and a technology appraisal released this week.

In the technology appraisal, NICE restricts the use of acetylcholinesterase inhibitors donepezil, galantamine and rivastigmine to patients with moderate Alzheimer’s disease, and memantine for use only as part of well designed clinical studies (PJ, 14 October, p442). The same recommendations are incorporated into NICE’s guideline “Supporting people with dementia and their carers in health and social care”, developed in conjunction with the Social Care Institute for Excellence.

Eisai and Pfizer, which together market Aricept (donepezil), are expected to request a judicial review of the computer model used by NICE to assess the cost-effectiveness of the drugs. This would be the first time that NICE’s work has been legally challenged at this level. Shire Pharmaceuticals, makers of Reminyl (galantamine), has supported the move.

According to Eisai, the company had written to NICE calling for the institute to delay its guidance and provide a working version of the cost-effectiveness model for independent evaluation. However, the institute has since released its technology appraisal on the medicines as well as the dementia guideline. NICE has a fortnight to respond to the correspondence, after which Eisai can present its case to the High Court. If the judge sees that there is a case it will proceed to a judicial review, a spokesman for Eisai told The Journal.

Andrew Dillon, NICE chief executive, speaking at the guideline’s launch, said that NICE has restricted use of acetylcholinesterase inhibitors to patients who will obtain the best response — those with moderate Alzheimer’s disease. The agents do not prevent newly diagnosed patients from progressing to the later, more severe forms of the disease, he said. He added that the dementia guideline offers more than just the appraisal guidance on the use of drugs for people with dementia and demonstrates “the real importance of health and social care professionals working closely to drive forward improved standards of care”.


CPD (Understanding Alzheimer’s disease) p643

Guideline seems to be based on health economics

David Taylor, chief pharmacist, South London and Maudsley NHS Trust, told The Journal that the NICE recommendations seem to have been made largely on the basis of results generated by health economic modelling and may signal a new hard-line, more abstract approach to guidance development.

“The calculations indicate that the drugs in question are most cost-effective in moderately severe Alzheimer’s disease. I suppose this is a valid approach in a cash-strapped health service, but it makes for rather bizarre advice: patients will be forced to wait until they become ill enough to receive treatment and will then have treatment removed when they later become too severely ill,” he said. “This guidance further blurs the boundary between regulatory authorities and NICE, since it effectively and formally restricts the use of licensed drugs to a greater extent than their licence dictates.”

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