The NHS's spending watchdog acted unlawfully when it decided to restrict access to drugs that could help thousands of older women with the bone-thinning disease osteoporosis, the high court ruled today. A judge ruled that the National Institute for Health and Clinical Excellence (Nice) wrongly failed to disclose the economic reasoning behind a decision in October to restrict the supply of strontium ranelate, a drug manufactured by Servier laboratories under the brand name Protelos.
A trainee teacher with primary refractory Hodgkin’s lymphoma has launched a High Court action against her primary care trust, NHS Surrey, which has refused to pay for her treatment with an unlicensed drug. Philippa Bigham, aged 28, from Frimley, Surrey, has been given a prognosis of two years’ survival without a bone marrow transplantation. But her medical team at the Royal Free Hospital in London want her to have treatment with radiolabelled basiliximab, a monoclonal antibody conjugated with radioactive iodine and also known as CHT-25, before she has the transplantation. The primary care trust has refused to pay for the drug, which costs £3000 ({euro}3500; $4900) for a course of treatment. Basiliximab is licensed in the United Kingdom for use in renal transplant rejection but the radiolabelled version is not yet licensed.
A man serving a life sentence for a double murder has won a High Court victory over his right to have cosmetic surgery on the NHS. Denis Harland Roberts, 59, currently in a Co Durham jail for killing an elderly couple in East Sussex in 1989, wanted treatment to remove a birthmark. An undisclosed policy operated by Justice Secretary Jack Straw had restricted non-urgent inmate treatment. The case may mean other inmates are considered for similar treatments. However, the Prison Service said it was still "entitled to refuse escorts to hospital on grounds of risk". On Wednesday, London's High Court declared the justice secretary acted unlawfully and "contrary to good administration" in failing to disclose his full policy on medical appointments.
A 22-stone ex-policeman has lost his Court of Appeal fight to force a health authority to fund obesity surgery. Tom Condliff, 62, said he needed a gastric bypass operation to save his life after becoming obese due to the drugs he takes for long-term diabetes. The Stoke-on-Trent man challenged a decision by North Staffordshire PCT to refuse to fund the procedure. Court judges expressed "considerable sympathy" but ruled the funding policy did not breach human rights laws. Lord Justice Toulson, one of three judges sitting on Wednesday, said: "Anyone in his situation would feel desperate." Mr Condliff, of Talke, who has a body mass index (BMI) of 43 - not high enough under his PCT's rules to qualify for surgery - lost a High Court battle over the decision in April. But his lawyers had argued the PCT had applied a funding policy which was legally flawed and breached his human rights.