PRESS STATEMENT: NICE statement on CFS/ME judicial review outcome

COURT JUDGMENT Document

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PRESS STATEMENT

ISSUED: 13 MARCH 2009

www.nice.org.uk

http://www.nice.org.uk/media/001/6F/CFSMEJRJudgementStatement130309.pdf

or open PDF here on ME agenda:   cfsmejrjudgementstatement130309

NICE statement on CFS/ME judicial review outcome

The High Court has today ruled in favour of NICE on all grounds brought
against the Institute in the judicial review of its clinical guideline on
chronic fatigue syndrome / Myalgic encephalomyelitis (CFS/ME). The claim
against NICE was brought by two CFS/ME patients. The grounds of challenge,
all of which the Judge has dismissed, included an allegation of bias against
the guideline development group and its members, that the guideline is
irrational compared to the evidence, and claims about the classification of
the condition and treatments recommended.

Professor Peter Littlejohns, NICE Clinical and Public Health Director,
responded to the High Court judgement saying: “We are pleased to have won
convincingly on all counts in this case – this judgment is a welcome
endorsement of the rigorous methods we use to produce our guidelines. This
result is very good news for the thousands of people with CFS/ME, who can
continue to benefit from evidence-based diagnosis, management and care for
this disabling condition. The 2007 guideline was welcomed by patient groups
as an important opportunity to change the previous situation for the better,
helping ensure that everyone with CFS/ME has access to care appropriate for
the individual. Today’s decision means that the NICE guideline is the gold
standard for best practice in managing CFS/ME.”

Professor Littlejohns continued: “The guideline was developed by an
independent group comprising clinical specialists in CFS/ME, patient
representatives and experts involved in the diagnosis of the condition and
provision of care. This guideline development group (GDG) considered a range
of complex issues in great depth taking full account of the views of patient
groups and health professionals. We agree with the judge that the GDG were a
dedicated group of individuals who worked together to produce the best
possible guideline, and that the accusations that they were biased were
completely unfounded. The judge recognised the key role that professionals
and patients have in contributing to the development of NICE guidelines and
therefore understood the vigorous approach NICE took in defending these
health experts. We are pleased that all members of the GDG and those
involved in selecting the GDG were totally exonerated from the unfounded
claims made against them. The judgment acknowledges the robust procedures
that NICE follows in ensuring that its guidance is independent,
evidence-based and fit for purpose. We’re delighted that this issue is now
closed and look forward to continuing to produce world-class guidance which
benefits everyone who uses the NHS.”

Ends

For more information call Dr Tonya Gillis at the NICE press office on 0845
003 7782.

Notes to Editors

About the NICE guidance

1. The NICE guideline on the diagnosis and management of chronic fatigue
syndrome / Myalgic encephalomyelitis (or encephalopathy)was published in
August 2007: http://www.nice.org.uk/CG53

2. CFS/ME is a relatively common illness, affecting up to an estimated
193,000 people. The condition can be disabling, involving a complex range of
symptoms, the most common being fatigue, but including headaches, sleep
disturbance and muscle pain.

About NICE

3. The National Institute for Health and Clinical Excellence (NICE) is the
independent organisation responsible for providing national guidance on the
promotion of good health and the prevention and treatment of ill health.

4. NICE produces guidance in three areas of health:

. public health – guidance on the promotion of good health and the
prevention of ill health for those working in the NHS, local authorities and
the wider public and voluntary sector

. health technologies – guidance on the use of new and existing medicines,
treatments and procedures within the NHS

. clinical practice – guidance on the appropriate treatment and care of
people with specific diseases and conditions within the NHS.

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