Campaigners win Alzheimer's drug ruling

Alzheimer's sufferers seeking access to anti-dementia drugs on the NHS have been thrown a lifeline by a High Court judge.

Mrs Justice Dobbs ruled in favour of drug companies and Alzheimer campaigners who are challenging new guidance by the Government's medicines watchdog that the drugs should not be funded by the NHS for patients with "mild symptoms".

The judge ordered that the National Institute for Health and Clinical Excellence (Nice) should amend its guidance in relation to the drugs at the centre of the case - which she ruled was "discriminatory".

The organisation is responsible for providing national guidance on treatments available on the NHS.

In the first High Court challenge of its kind to a decision by Nice, Eisai, the Japanese company which makes Aricept, one of the drugs at the centre of the case, and Pfizer, which distributes it in Britain, accused Nice of acting "irrationally and unlawfully" and argued that its decision was "procedurally flawed".

The judge announced: "In the light of the court's finding that the guidance is discriminatory, the court directs Nice to amend the guidance so as to ensure its compliance with Nice's duties and obligations under anti-discrimination legislation."

Mrs Justice Dobbs added: "The extent of the amendment and the way in which this is to be achieved will be clarified following further submissions by the parties."

After the ruling, the Alzheimer's Society chief executive Neil Hunt said: "This judgment is vindication for the thousands of people who have campaigned for fair access to Alzheimer's drugs.

"The court has ruled that the Nice guidance is discriminatory and must be changed. The Alzheimer's Society told Nice this time and again. We have been proved right.

"Patients now have much fairer access to Alzheimer's drug treatments."

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