Publisher Citation: [2007] All ER (D) 293 (Jul)
Court: Queen's Bench Division (Administrative Court)
Judge:

Mitting J
Representation John Howell QC and Stephen Knafler (instructed by Sternberg Reed, Barking) for the claimant.
  Jeremy Hyam (instructed by Capsticks) for the trust.
Judgment Dates: 18 July 2007

Catchwords

National health service - Drug - Supply of medicine or drug - Drug for treatment of metastatic colorectal cancer - Clinical and cost effectiveness - Difficult decisions panel of primary care trust refusing to make drug available to claimant - Whether panel's decision irrational and unlawful.

The Case

National health service Drug. In the instant case, the difficult decisions panel of the primary care trust had taken into account irrelevant matters in its decision to refuse a drug known as Avastin to the claimant, who suffered from metastatic colorectal cancer; it had failed to realise the exceptional circumstances of the claimant's case, having drawn comparisons from a study which showed the effect of the drug on the cohort of other colorectal cancer sufferers, having failed to take into account the fact that all other drugs treatments had been unsuccessful, and the slim but important chance that the claimant's life might be prolonged, if only by a few months, notwithstanding concerns in relation to the allocation of resources. Accordingly, the panel's decision had been unlawful and was quashed.

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