The National Institute for Health and Clinical Excellence (NICE) has been forced to reconsider the guidelines issued for osteoporosis after a successful high court challenge from one of the affected drug manufacturers.
The legal challenge was based on several points including:
- Lack of transparency around the economic model
- Misinterpretation of the clinical data
- Infringement of rights under EU and UK discrimination law
The ruling upheld the allegation regarding the economic model that was used in producing the guidelines but the other grounds were ruled in favour of NICE. The guidelines will now need to be reviewed but they may not change.
Action: Clinicians should be aware of the review status of these guidelines. The existing advice should continue to be implemented until the review is completed.
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