Commissioning

07.11.18

NHS England in legal battle with American firm over medicine procurement

An American pharmaceutical company has launched a legal challenge against NHS England over a procurement process seeking suppliers for ground-breaking hepatitis C treatment.

The legal proceedings were launched by the American firm Abbvie in London’s Technology and Construction Court during the summer, claiming that NHS England breached its duty to treat all bidders fairly.

The procurement was launched in spring in a bid to lower the cost of hepatitis C drugs which are manufactured by Abbvie, MSD Pharmaceutical, Janssen Pharmaceutica, and Gilead Sciences.

Back in January, NHS England asked businesses in the pharmaceutical industry to help make the UK the first country in the world to eliminate hepatitis C through its next round of procurement.

Hepatitis C leads to around 400,000 deaths a year and affects around 160,000 people in England, and NHS England says it believes it can go further with its treatment and eliminate it five years earlier than the World Health Organisation’s goal of 2030.

The court documents are heavily redacted due to commercial sensitivity, but say the claimants allege that the NHS commissioning board breached regulations in its tender process.

NHS England is legally required to comply with certain regulations and directives in its tender process, which means it must conduct the process consistently with the principles of equality of treatment, transparency, non-discrimination, and good administration, and it must award the contract to the most economically advantageous tenders.

The claimant alleges that the NHS broke these regulations and that there was unlawful use of electronic auction in competitive dialogue procedure, and wants the NHS to set aside the tender process or modify it to remedy the parts considered unlawful.

The public body contested this and said there was no prohibition of using an auction of any kind and, defending its process, the NHS commissioning board said the claim “fails at the outset” because it wasn’t made in time.

 Enjoying NHE? Subscribe here to receive our weekly news updates or click here to receive a copy of the magazine!

Dominic Lipinski/PA Wire/PA Images

Comments

There are no comments. Why not be the first?

Add your comment

 

national health executive tv

more videos >

latest healthcare news

NHS Property responds to NAO report on debt recovery

26/06/2019NHS Property responds to NAO report on debt recovery

NHS Property Services (NHSPS) have responded to a report by the National Audit Office (NAO) criticising their ability to collect outstanding debt... more >
BAOMS praise HPV vaccination study

26/06/2019BAOMS praise HPV vaccination study

The British Association of Oral and Maxillofacial Surgeons (BAOMS) has welcomed new study findings from the two-year Cancer Research study in Sco... more >
NHS Property debt nearly triples in 4 years, says report

26/06/2019NHS Property debt nearly triples in 4 years, says report

A report by the National Audit Office shows that debt has tripled in NHS Property Services, with the service struggling to retrieve outstanding r... more >

editor's comment

25/09/2017A hotbed of innovation

This edition of NHE comes hot on the heels of this year’s NHS Expo which, once again, proved to be a huge success at Manchester Central. A number of announcements were made during the event, with the health secretary naming the second wave of NHS digital pioneers, or ‘fast followers’, which follow the initial global digital e... read more >

last word

Hard to be optimistic

Hard to be optimistic

Rachel Power, chief executive of the Patients Association, warns that we must be realistic about the very real effects of continued underfunding across the health service. It’s now bey... more > more last word articles >

the scalpel's daily blog

Mid Yorks Hospitals NHS Trust: Our improvement journey

28/05/2019Mid Yorks Hospitals NHS Trust: Our improvement journey

Chief executive of the Mid Yorkshire Hospitals NHS Trust, Martin Barkley, writes for NHE to guide us through his trust’s improvement journey. It’s arguably a hackneyed phrase in the NHS, but Mid Yorkshire really has been on a significant journey in the last few years. Dogged by a previously problematic reputation, I believe th... more >
read more blog posts from 'the scalpel' >

comment

Peter Kyle MP: It’s time to say thank you this Public Service Day

21/06/2019Peter Kyle MP: It’s time to say thank you this Public Service Day

Taking time to say thank you is one of the hidden pillars of a society. Being on the receiving end of some “thanks” can make communit... more >
Nurses named as least-appreciated public sector workers

13/06/2019Nurses named as least-appreciated public sector workers

Nurses have been named as the most under-appreciated public sector professionals as new research reveals how shockingly under-vauled our NHS, edu... more >
Creating the Cardigan integrated care centre

10/06/2019Creating the Cardigan integrated care centre

Peter Skitt, county director and commissioner for Ceredigion Hywel Dda University Health Board, looks ahead to the new integrated care centre bei... more >
Helpforce to launch training programmes for NHS volunteers

10/06/2019Helpforce to launch training programmes for NHS volunteers

Kay Fawcett OBE, clinical advisor and education lead at Helpforce, and Lynn Twinn, talent development consultant, outline the new national traini... more >

interviews

How can winter pressures be dealt with? Introduce a National Social Care Service, RCP president suggests

24/10/2018How can winter pressures be dealt with? Introduce a National Social Care Service, RCP president suggests

A dedicated national social care service could be a potential solution to surging demand burdening acute health providers over the winter months,... more >
RCP president on new Liverpool college building: ‘This will be a hub for clinicians in the north’

24/10/2018RCP president on new Liverpool college building: ‘This will be a hub for clinicians in the north’

The president of the Royal College of Physicians (RCP) has told NHE that the college’s new headquarters based in Liverpool will become a hu... more >
Duncan Selbie: A step on the journey to population health

24/01/2018Duncan Selbie: A step on the journey to population health

The NHS plays a part in the country’s wellness – but it’s far from being all that matters. Duncan Selbie, chief executive of Pu... more >
Cutting through the fake news

22/11/2017Cutting through the fake news

In an era of so-called ‘fake news’ growing alongside a renewed focus on reducing stigma around mental health, Paul Farmer, chief exec... more >

health service focus

View all News