latest health care news

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 >

featured articles

View all News

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 beyond more > more last word articles >

health service focus

View all News

comment

Staying curious with the Shadow Board Programme

20/03/2019Staying curious with the Shadow Board Programme

Kirstie Stott, director of The Inspiring Leaders Network, discusses organis... more >
Fiction as Therapy

20/03/2019Fiction as Therapy

Elaine Bousfield of ZunTold Publishing – a press specialising in fict... 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 s... more >

the scalpel's daily blog

Personal Health Budgets: empowering individuals

20/03/2019Personal Health Budgets: empowering individuals

Jon Baker, PHBChoices director at NHS Shared Business Services (NHS SBS) believes that the extension of Personal Health Budgets (PHBs) is a great opportunity for clinical comm... more >
read more blog posts from 'the scalpel' >

healthcare events

events calendar

back

March 2019

forward
mon tue wed thu fri sat sun
25 26 27 28 1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
1 2 3 4 5 6 7

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 exemplars who were revealed at the same show 12 months earlier.  Jeremy Hunt also stated that by the end of 2018 – the 70th birthday... read more >