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Comments on the Verdict

From the ME Association

People with ME/CFS now face a situation where doctors will continue to recommend two forms of treatments that many people with the illness find ineffective or even harmful.

The ME Association is disappointed that the High Court Judicial Review of the NICE Guideline on ME/CFS found in favour of NICE.

The ME Association is disappointed that the High Court Judicial Review of the NICE Guideline on ME/CFS found in favour of NICE.

Recommendations that two controversial treatments - cognitive behaviour therapy (CBT) and graded exercise treatment (GET) - be offered as front-line treatments for those with mild to moderate forms of the illness remain unchanged.

This is despite the findings of the largest-ever survey of ME patient opinion carried out by The ME Association last year which found that only 26% were helped by CBT - while 56% reported that GET made them feel worse.

This is despite the findings of the largest-ever survey of ME patient opinion carried out by The ME Association last year which found that only 26% were helped by CBT - while 56% reported that GET made them feel worse.

The ME Association believe that the two people with ME who took up the legal challenge were fully justified in seeking a court hearing into the processes used by NICE to draw up the Guideline.

Despite the Judicial Review failing to result in withdrawal of these potentially dangerous guidelines, The ME Association maintains that the evidence relating to both clinical and cost effectiveness does not justify the emphasis and optimism being given to these two treatments. NICE's recommendations cannot be justified by the evidence.

We shall continue to ask NICE to review the contents of what we maintain is a seriously flawed and unhelpful Guideline.

Note to Editors:

For further comment from The ME Association, please contact our Publicity Manager, Tony Britton

Tel: 01406 370293, Mob: 07880 502927

Tony Britton
Publicity Manager, The ME Association
Home-based: 60 Broadgate, Weston, Spalding, PE12 6HY
Tel: 01406 370293 Mob: 07880 502927

 

From Leigh, Day and Co

(lawyers acting for Doug Fraser and Kevin Short)

High Court refuses legal challenge to NICE guideline on ME

The High Court has today handed down judgment in a judicial review brought by Leigh Day & Co on behalf of two Myalgic Encephalomyelitis sufferers, Douglas Fraser and Kevin Short.

The judicial review argued that there was an insufficient evidence base on which NICE could properly recommend Cognitive Behavioural Therapy and Graded Exercise Therapy to the exclusion of other treatments.  It was further argued that there was objectively based perception of bias towards the psychosomatic school arising from  the constitution of the Guideline Development Group (“GDG”) and that NICE had failed to follow its own procedures in convening the GDG.

Mr Justice Simon dismissed both elements of the legal challenge.  Leigh Day & Co’s clients are extremely disappointed with the outcome of the judgement but have decided not to seek leave to appeal.

They believe that the upholding of the Guideline will have serious and adverse consequences upon the treatment and welfare of genuine ME patients who are categorised as suffering from a biomedical/organic neurological disorder by the World Health Organisation in the International Classification of Diseases (Version 10, section G93.3).

Kevin Short said:  “The failure to quash the Guideline will perpetuate the scientifically unsound myth that ME is a mental and behavioural illness and should be primarily treated by (highly questionable) psychotherapies and graded exercise.”

Mr Fraser commented: "It would appear that advice to public health professionals cannot be considered safe in this country until respect is given to rules governing the formulation of that advice, and followed to the letter. In my view the NICE Guide on myalgic encephalomyelitis is simply not worth the paper it's printed on".

Due to the nature of their illness, our clients require some considerable time to study the judgement and respond to it more fully.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From the 25% Group

This is certainly a very sad day for everyone with neurological ME.

A disease that devastates the lives of sufferers and their carers, a disease that not only strips sufferers of their livelihoods, but that often leaves them totally reliant on carers for their everyday needs.
    
I am also extremely worried where this will lead in relation to the so called treatment therapies of Cognitive Behavioural Therapy and Graded Exercise Therapy.

These treatments in many cases have caused wide spread problems for ME sufferers. Our Report from 2004

    http://tinyurl.com/b5mz8z

(see the last page) reported serious flaws in the therapies and also the fact that many were not helped and a great deal more were harmed by ndertaking these programs. Many of these sufferers were not even severely affected patients before undertaking the therapies!
    
We have previously quoted that these therapies are flawed when the NICE     Guidelines were released: "Patient experience of this serious neurological  illness, which affects up to 240,000 people in the UK has been all but ignored in favour of a psychological approach. The illness affects many body systems and their functions, and an estimated 60,000 develop M.E. so severely they become bed or house bound, with others needing to be tube fed".
    
We stand firmly behind this today, especially in light of this court
ruling.
    
The ME Association also recently undertook a wide scale survey that also highlighted serious problems with these therapies. This is despite the  findings of the largest-ever survey of ME patient opinion carried out by The  ME Association last year which found that only 26% were helped by CBT, while 56% reported that GET made them feel worse."
    
We totally condemn NICE in the limited view that they have taken
within the Guidelines and feel that much research into neurological ME was sidelined in favour of more mainstream therapies that are more suitable for patients with totally different conditions (i.e. psychological , chronic fatigue etc.)
    
The 25% ME Group wishes to offer sincere and deep gratitude to the two brave individuals who challenged NICE over these flawed guidelines by taking them to court. Although, the case was lost it does highlight the serious need for research into this disease and we hope that all the efforts to raise awareness of ME will not be lost in this ruling and so we, along with other individuals and like-minded charities who understand the consequences of these flawed NICE Guidelines, will continue to campaign for them to
look at the real evidence concerning ICD 10 ME.
   
    Chairman of 25% ME GROUP
   
    www.25megroup.org
   
    25% ME GROUP
   
    21 Church Street
   
    Troon
   
    Ayrshire
   
    KA10 6SQ
   
   
enquiry@25megroup.org

 

 

 

 

 

 

 

 

From INVEST in ME

Nice Guidelines - what's next?

Though NICE, with their well-paid lawyers and establishment machine behind them, have won the Judicial Review brought against them by ME patients this is a pyrrhic victory.

The fact that yet another group of patients have forced NICE to have to defend its policies and guidelines – guidelines meant to make the lives of those same patients better – shows how flawed the NICE organisation is and how little trust patients have in its approach and its conclusions.

Those who manage NICE and who force these unwanted guidelines on to chronically ill patients ought to reflect on the morality of their actions.

NICE have issued a crowing press statement where Professor Peter Littlejohns, NICE Clinical and Public Health Director, states –

“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."

Quite where Professor Littlejohns has been these past few years is unknown. His ridiculous comment that the 2007 guideline was welcomed by patient groups is spin worthy of the best of Blairite government.

The only patient groups to support NICE were AfME and AYME – two charities who accept money from the government to support their policies (see December 2008 newsletter) and who, in our opinion, are unrepresentative of people suffering from ME as defined by WHO ICD-10 G93.3. The officials of these organisations will have to live with their consciences with regard to their support for NICE; they will have to justify, for years to come, the effect that their support for these guidelines will have on those people who choose to continue to remain members and who continue to pay their subscriptions and fund the salaries of the leaders of these charities.

The “gold standard for best practice in managing CFS/ME” to which Littlejohns refers is an unworthy document which will fail to treat people with ME but may well satisfy insurance companies, career psychiatrists and government departments who have exhibited disdainful indifference to the plight of people with ME.

Littlejohns ends his statement with – 

“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”

For Littlejohns and his superiors to ignore completely how damaging this case has been to NICE is myopic in the extreme.

The only thing worse than being blind is having sight but no vision.” ( Helen Keller) 

The problem is that Littlejohns and NICE just don’t get it - and this typifies the flaws and lack of vision in NICE.

This is not the end of anything - it is a continuation of the beginning.

The NICE guidelines are an affront to good science and common sense and essentially worthless for healthcare professionals as well as for people with ME.

NICE have so damaged themselves as an organisation that their utterances in the future will carry even less weight and will weaken even further this deeply flawed organisation.

We feel NICE’s days may well be numbered in its present form. How many more patients will need to challenge decisions by NICE before the government is forced to act and overhaul the management and the objectives of this organisation?

An organisation that purports to be “committed to promoting equality, eliminating unlawful discrimination, and actively considering the implications of its guidance for human rights” and yet is taken to court by the same patients for whom it claims to promote good healthcare – this is an organisation that deserves to be overhauled.

So- what’s next?

This battle to get proper diagnosis, proper treatment and proper funding for biomedical research into ME is not lost.

Despite the actions and lack of proper conduct by NICE, the Medical Research Council and even some ME organisations this battle will be won by ME patients and their families.

The deafening silence from the media in covering yet another case being brought by patients against NICE is an interesting aspect. One wonders why, yet again, that ME does not make the news. But this is something we can fight with better education.

The Lost Voices book clearly shows the effect of the lack of education regarding ME by healthcare services and will be available at all medical libraries in the UK.

In May we have the International ME/CFS Conference – the fourth hosted and organised by Invest in ME and showing conclusive proof of the biomedical basis of the illness and the treatments which are being developed and are available. We will look at severe ME – something NICE, the MRC and the NHS fail to acknowledge.

The ME community have the Whittemore-Peterson Institute and their determination to carry out proper research into ME and produce  diagnostic markers and treatments for ME. With the founder members of the WPI and its research director all at the IiME conference in London in May we will present data which shows ways to manage and treat ME. One would expect any organisation who really wish to understand ME to wish to be present.

Work will, in any case, begin soon on replacing these guidelines. Patients up and down the country will refuse the biased and ineffectual therapies forced on doctors to prescribe to patients. Those charities and organisations who are really representing people with ME will not allow this particular issue to be closed.

The NICE guidelines for ME are not world-class. They are a poor attempt at saving money and encapsulate all that is wrong in the way that health provision is created, researched and administered in the UK. 

 Invest in ME - March 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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