NHS wins landmark High Court battle with two major drug firms over a drug for the biggest cause of blindness that could lead to savings of hundreds of millions of pounds a year
- A judge rejected an action brought by Bayer and Novartis against 12 NHS CCGs
- It related to a drug to treat the biggest cause of age-related vision loss in the UK
- The companies challenged the lawfulness of a policy adopted by the groups
- The policy was that Avastin would be offered to certain patients with wet AMD
- The judge said CCGs adopted it because of the ‘significant difference’ in price
The NHS has won a landmark High Court battle with two major drug firms in a move that could save it millions of pounds each year.
Bayer and Novartis launched legal action against 12 clinical commissioning groups (CCGs) over a drug to treat the leading cause of blindness.
The two firms challenged the lawfulness of a policy held by the chiefs that listed Avastin – around 30 times cheaper than other options – as the ‘preferred treatment option’ for wet AMD.
But a judge in London dismissed all grounds put forward by Bayer and Novartis and ruled the policy adopted by the CCGs was lawful.
Mrs Justice Whipple argued chiefs adopted this policy because of the ‘significant difference in price’ between drugs to treat the condition.
A judge in London rejected an action brought by Bayer and Novartis against 12 NHS clinical commissioning groups (CCG’s) in the north of England relating to Avastin, a drug to treat the biggest cause of age-related vision loss in the UK (stock)
Age-related macular degeneration (AMD) is a painless eye condition that leads to a gradual loss of central vision.
The condition, the leading cause of blindness worldwide, affects more than 600,000 people in the UK and nearly two million in the US.
It causes central vision to become blurred resulting in symptoms such as difficulty reading and problems recognising people’s faces.
Wet AMD – the less common form of the condition – is currently treated using either Lucentis, sold by Novartis, or Eylea, sold by Bayer.
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But 12 CCGs from the north of England adopted a joint policy that said Avastin would be the first option for certain patients with wet AMD.
Avastin, made by Roche, costs around £28 per injection, compared to around £816 for an injection of Eylea or £551 for an injection of Lucentis.
However, the judge added the actual prices will vary based on any confidential discount the drug firms may have had with the NHS.
The companies challenged the policy on a number of grounds – including that the supply of Avastin to treat wet AMD patients was unlawful under EU law.
WHO WERE THE 12 CCGS THAT HAD THE POLICY?
- NHS Darlington CCG
- NHS Durham Dales, Easington & Sedgefield CCG
- NHS Hambleton, Richmondshire & Whitby CCG
- NHS Hartlepool & Stockton CCG
- NHS Newcastle Gateshead CCG
- NHS North Cumbria CCG
- NHS Durham CCG
- NHS Northumberland CCG
- NHS North Tyneside CCG
- NHS South Tees CCG
- NHS South Tyneside CCG
- NHS Sunderland CCG
They also argued that the policy should not stand because Avastin does not have a marketing authorisation for ophthalmic use.
Announcing her decision, the judge dismissed all grounds put forward by the companies and ruled that the policy adopted by the groups was lawful.
The ruling is said to have opened the way for patients across the country to be offered Avastin as an alternative to the other treatments.
It was today welcomed by health leaders and clinicians, including Dr David Hambleton, CCG chief officer in South Tyneside, one of the 12 defendants.
He said: ‘We are absolutely delighted that we are now in a position to offer Avastin as an alternative treatment for wet AMD to our patients across the North East and North Cumbria.
‘The drug is undeniably equally effective, and much less expensive, and the money this will save – in excess of £13.5 million per year for the 12 CCGs involved in this litigation alone, and hundreds of millions of pounds across the country – can be ploughed straight back into delivering the very best care possible to our patients.
‘Here in the North, that’s enough to pay for an extra 270 nurses or 266 heart transplants every year, and in a financially stretched NHS that could be life-changing for thousands of our patients.
‘Novartis and Bayer have argued long and hard for the more expensive drugs they’d rather sell to be the only ones available to people suffering from this condition, but thankfully, the court has recognised that there is no medical basis to that argument.
‘This is great news for patients with this condition and for the wider NHS. It’s a victory for common sense over commercial interests.’
Dr Hambleton continued: ‘The sooner all NHS Trusts implement a policy to offer Avastin as an option for the treatment of wet AMD, the sooner we can start to redirect that money into other resources and equipment so we can continue to make improvements to care which have life-changing benefits for our patients.
‘It is right to offer our patients this choice, because the beneficiaries will be their friends, neighbours and family members.’
WHAT IS AGE-RELATED MACULAR DEGENERATION?
Age-related macular degeneration (AMD) is a painless eye condition that leads to a gradual loss of central vision.
It is the most common cause of visual impairment in the UK and US.
AMD causes central vision to become blurred resulting in symptoms such as difficulty reading and problems recognising people’s faces.
It occurs when the macular – the part of the eye responsible for central vision – stops functioning effectively.
AMD usually affects both eyes, but the speed of progression can vary between eyes.
It is thought to be triggered by aging, smoking and genetics.
The condition affects more than 600,000 people in the UK and nearly two million in the US.
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