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R (Otley) v Barking

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Avastin

Avastin

This case provides an idea of what to take into account of when deciding "exceptionality".

FactsEdit

Otley suffered from metastatic colorectal cancer and sought funding for Avastin treatment.

JudgmentEdit

Mitting J held that the PCT erred in finding O unexceptional:

  • The treatment is relatively cost-effective;
  • The patient is responding well;
  • No side-effects

Mitting J also criticised the PCT in not taking into account the long term (positive) implications of the treatment on O, hinting that prognosis is an important factor in deciding exceptionality.

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