Eisai granted appeal against NICE decision

Eisai has confirmed that the Court of Appeal has granted the company permission to appeal the High Court ruling on the process by which the National Institute for Health and Clinical Excellence (NICE) reached its decision to ban anti-dementia medicines for NHS patients with mild Alzheimer’s disease.

Eisai is the licence holder of Aricept with Pfizer its co-promotion partner in marketing the drug.

In September, Eisai submitted an application to appeal on the grounds of procedural fairness based on NICE’s repeated refusal to disclose a working version of the cost effectiveness model they used to determine the value of treatment in patients with mild Alzheimer’s disease.

Dr Paul Hooper, executive vice-president of Eisai Europe expressed the company’s delight in being granted an appeal.

He suggested that NICE has demonstrated a lack of transparency over the way cost effectiveness had been calculated and that it was “disgraceful” that NICE could restrict medicines to treat Alzheimer’s patients based upon “secret calculations”.

Dr Hooper added: “In view of the widespread criticism of NICE expressed during the recent Health Select Committee enquiry, including specific references to a lack of transparency, it is surprising that NICE does not disclose these calculations for proper consultation.”

In October, Shire announced that it would act as an interested party in the appeal brought by Eisai.