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


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


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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