An almost 3 year battle to get a life prolonging lung cancer drug funded on the NHS has ended successfully.

Alimta, which is the only currently viable treatment for the asbestos related cancer, mesothelioma, will be given to NHS patients with advanced stages of the disease who cannot have surgery. 

NICE’S first decision was not to approve the treatment.  Eli Lilly, the manufacturers of the drug, successfully appealed this decision and in July 2007 permission was given for Alimta to be given to mesothelioma sufferers.   

This decision of NICE was then appealed.  The appeals were heard in November 2007.  

The reasons for the appeal were dealt with in a previous article.  Click here

All the grounds of appeal were thrown out by the Panel.

The National Institute for Health & Clinical Excellence (NICE) this week issued Guidance following a 2½ year approval process, which included 2 appeals. 

The Guidance means that Primary Care Trusts (PCT) will be able to fund the drug for all NHS patients with mesothelioma for whom the treatment is suitable.

NICE have published a quick reference guide and guidance leaflet for people who use NHS services.

Carolann Hepworth, solicitor at John Pickering and Partners, said says “we are absolutely delighted for our clients that Alimta will be available for many patients with mesothelioma.  I am only sorry that the delay in getting this decision has sadly come too late for some people.’’

John Pickering and Partners LLP is a niche legal practice that has represented Claimants in the leading asbestos "test cases" in the last ten years. The firm represented Sylvia Barker in Barker v Corus (UK) Plc, a case that highlighted the legal tactics of employers and insurers trying to cut back their compensation liabilities to mesothelioma sufferers, and which prompted the amendment of the Compensation Act 2006 to ensure full compensation for mesothelioma claims. The firm represented two of the three Claimants in the Fairchild appeal, in which the insurance industry tried unsuccessfully to block compensation altogether for mesothelioma sufferers unable to identify which of two or more sources of asbestos exposure had caused their illness.

Carolann Hepworth
For and on behalf of John Pickering and Partners LLP
Old Exchange Buildings
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Tele: 0161 834 1251
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E-mail@ ch@johnpickering.co.uk