Bayer plc v NHS Darlington CCG and others; Novartis Pharmaceuticals UK Ltd v NHS Darlington CCG and others

National Health Service – Pharmaceutical services. The defendant Clinical Commissioning Groups' policy stating that Avastin would be offered to certain patients with wet neovascular age-related macular degeneration as the preferred treatment option was not unlawful. Accordingly, the Administrative Court dismissed the claimants' grounds of challenge to the policy, arguing it was premised on an error of law, fundamentally undermined the objective of Directive (EC) 2001/83 and breached of the duty of sincere co-operation, undermined patients' rights of access to recommended treatment, and introduced information for the patients which was misleading and inaccurate.

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