Judge gives go ahead for high court challenge on Alzheimer's drugs

NICE ruled, in November last year, that people newly diagnosed with the early stages of Alzheimer's disease should be denied access to effective drug treatments on the NHS, that cost just £2.50 a day. A High Court judge has agreed there are grounds to challenge this decision in the first ever judicial review of the Institute.

Neil Hunt, chief executive of the Alzheimer's Society, says,

'Today is an important step forward in our fight for the rights of people with Alzheimer's disease and their carers who have been forgotten in this decision. We are delighted that the judge has recognised the importance of hearing their voices in court. Denying people in the early stages of this debilitating disease access to drug treatments is cruel and unethical. Our legal team will also demonstrate that the decision is fundamentally flawed.'

The Alzheimer's Society has been granted permission to act as an interested party in this judicial review. The main claimants are the drug manufacturers Eisai and Pfizer. Last month, the Alzheimer's Society launched an appeal to fund its independent role in the High Court challenge. In a welcome move, the judge also recognised the importance of the Alzheimer's Society's involvement by awarding the charity a degree of cost protection to ensure it can take a full part in the legal challenge.

On Friday (23 March), in a separate development, the Alzheimer's Society submitted evidence to the Health Select Committee's inquiry into the remit of NICE and why its decisions are being increasingly challenged.

Diana Barnes, who was diagnosed with Alzheimer's disease six years ago so escaped NICE's cost cutting exercise, says,

'It's good news that NICE will be challenged in the High Court. I have been on the drug treatments for five years and I know that these drugs work best in the early stages. No one can imagine what it is like to have Alzheimer's disease. Every day I have to battle against the symptoms, so it is difficult to fight decisions like this. It is vital that the Alzheimer's Society is able to represent my experiences, and the experiences of people like me, in court.'

For more information, contact the Alzheimer's Society press office.

Notes for editors

• A date for the judicial review hearing has not been set.
• The Alzheimer's Society's submission to the Health Select Committee inquiry is available on request.
• In March 2005, NICE ruled that all drug treatments for Alzheimer's disease should not be prescribed on the NHS because of cost. Following overwhelming condemnation from the public, professionals and campaigns NICE changed its position to allow limited access to the treatments.
• NICE's guidance only applies in England and Wales and could possibly be implemented in Northern Ireland.
• Pfizer/Eisai had already announced its intention to challenge this decision through a Judicial Review and will be the lead claimant. 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.
• The Alzheimer's Society is a charity that relies on public donations. You can donate now by calling 0845 306 0898 or visiting http://www.alzheimers.org.uk/.
• The Alzheimer's Society does not accept funding or any other support from the pharmaceutical industry for its campaign on access to Alzheimer's drug treatments. See the Alzheimer's Society policy on ethical issues and relations with commercial organisations.
• The Alzheimer's Society is the UK's leading care and research charity for people with dementia and their carers.
• Over 700,000 people in the UK have dementia. More than half have Alzheimer's disease.
• For information and advice on Alzheimer's disease or other forms of dementia call the Alzheimer's Society national helpline on 0845 300 0336.
• Our website address is: http://www.alzheimers.org.uk/.