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News Archives 2800-2820
Title Post Date
2801 Suppression, Libellous And Defamatory Judicial Review Abuse 18/08/2009 13:20:11
2802 Beware Weasel Words Over UK Disability Living Allowance 18/08/2009 13:34:33
2803 Kay Gilderdale And Assisted Suicides In Britain 18/08/2009 13:42:50
2804 UK Social Worker Probed Over Images 18/08/2009 13:47:48
2805 UK Government Swine Flu Dealers Busted In Public 18/08/2009 14:03:54
2806 Legal Announcement - NICE CFS/ME Judicial Review Abuse 19/08/2009 11:44:45
2807 John Sayer Launches Website - NICE Judicial Review Aftermath 19/08/2009 11:50:23
2808 More On Assisted Suicides - Kay Gilderdale 19/08/2009 11:58:21
2809 Corby Council Attempts To Avoid Liability Over Worst Child Poisoning Since Thalidomide 19/08/2009 12:00:26
2810 Top FDA Officials Are Compromised by Conflicts of Interest 19/08/2009 12:03:47
2811 Cervical Cancer Vaccines - Renewed Safety Questions 19/08/2009 12:09:16
2812 Vaccines Drug Dealer Professor David Salisbury Refuses To Answer On Swine Flu Vaccine Safety And Efficacy 19/08/2009 12:12:01
2813 Swine Flu Tamiflu Drug Barons & Dealers Put Millions Worldwide At Stroke Risk 19/08/2009 12:20:06
2814 Researcher Speaks Out - Gardasil Vaccine Causes More Deaths And Damage Than The Cancer Itself 20/08/2009 09:21:33
2815 Parents Worry Of Swine Flu Vaccine - Moms Say Vaccines Linked To Kids' Autism 20/08/2009 09:27:17
2816 Swine Flu Pandemic Declared On False Pretences - Drug Barons And Government Dealers Clean Up 20/08/2009 10:33:31
2817 Tory MP's DNA Wiped From UK Database - Bingo For The Privileged! 20/08/2009 10:40:24
2818 UK Government Illegally Criminalises Over 850,000 Innocent Citizens - DNA Database 20/08/2009 10:41:15
2819 Ciaran Farrell On Malcolm Hooper, 'Margaret Williams' And The NICE CFS/ME Guidelines Judicial Review 22/08/2009 12:18:44
2820 Professor Malcolm Hooper - Intolerable ME/CFS Hypocrisy 22/08/2009 12:33:55

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NICE And Their Irrational CFS/ME Guidelines
NHS - Behind The Headlines
August 1, 2009
Chronic Fatigue Syndrome. R v NICE Ex Parte Fraser and Short
Dr Rita Pal




NICE is known for their irrational guidelines. First there was the guidelines for dementia treatment. NICE failed to understand that by ensuring treatment for dementia patients, independence would be extended and less finances spent on community care. This NICE guidance was challenged by Judicial Review.

There was also the guidance for Anxiety Management where they recommended the first line treatment to be cognitive behavioral therapy. They failed to understand that at the time there was a 1-2 year waiting list for cognitive behavioural therapy. If NICE were correct, it would mean each patient would remain suffering for one year or more.

I would say, NICE are never in touch with reality. To me it appears that so called "experts" who have never had any clinical contact with patients recently sit around a table and guffaw about creating these guidelines. Those who suffer as a direct consequence of these bizarre guidelines ie the vulnerable patient then continue their long journey to justify why the guidance is unjust. NICE is always challenged. The fact that they are challenged should lead us to question whether they are doing their job appropriately. The question here remains, who holds NICE accountable? The answer is probably no-one.

This is what happened to the Guidelines for Chronic Fatigue Syndrome. These guidelines were challenged.

Criticism against these guidelines were as follows :-

The guidelines recommend that patients with chronic fatigue
syndrome (also known as myalgic encephalomyelitis or
myalgic encephalopathy), now commonly referred to as
CFS/ME, should be offered a course of either cognitive
behaviour therapy (CBT) or graded exerciseso-called 'activity management'.

Dr. Charles Shepherd, Medical Director of the M.E. Association
and author of Living with M.E., believes the evidence simply isn't
there for recommending CBT and GET as first-line treatment for
CFS/ME. In a letter published in the British Medical Journal on
September 15th he points out that the published evidence for
the effectiveness remains weak and inconsistent for both
approaches, espically group CBT sessions.

Based on evidence submitted by CFS/ME patients themselves,
the chief medical officer's report concluded that CBT produced
"no change" in 67% of cases and actually made the patients'
condition "worse" in 26% of cases. In addition, around half of
the patients reported that inappropriate exercise therapy had
also made their condition worse.

Now a group of psychologists has also criticised the NICE
guidance for lacking the evidence to back up its recommendations
and being too prescriptive, restricting the individualisation of
treatment to the particular patient, which many feel is essential.


The Challenge to the High Court is extremely well described by One Click. Sadly, the challenge was lost. I for one enjoyed the entertaining descriptions of Leigh Day and Jamie B. It is well worth a read. Not a bad choice by the Pro Bono Unit in terms of intelligence, all round appeal to women kind and court room presence - Conrad Hallin.

Dr Malcolm Kendrick's statement was probably the highlight of the event. This is what he said after the judicial review. His statement probably sums up the current state of play :-

“Trying to question the decisions that NICE make, in
any forum, would be akin to citizen of the USSR challenging
Stalin whilst he was in power. Your chances of success
are slim as NICE act as judge, jury and - if they feel like it -
executioner. They decide what evidence to include, which
health economic unit to use to make their decisions. They
decide on the experts to pick, they decide on every clinical
and economic parameter, and their validity. There is no court
above theirs, no body that can question their decisions.

“If you attempt to take them to court - as happened with
the ME/CFS guidelines - you cannot win. No judge will overturn
the clinical and economic decisions of the 'experts.' The judge
would, with justification, claim that they were unable to make
decisions on matters beyond their expertise. But who else can?
No-one. In the area of evaluation medical treatments, NICE are
the supreme court and the Law Lords rolled into one.

“Yet they are making fantastically important, life and death,
decisions.

“With ME/CFS I was asked to review the vast document
that made up the evaluation. When it boiled down to it, there
was no paper which evaluated Graded Exercise Therapy (GET)
from a cost benefit perspective - not one. Yet NICE decided
that GET was cost-effective in the treatment of ME/CFS. When
it came to Cognitive Behavioural Therapy (CBT), there was only
one paper which looked at this form of therapy from a cost-benefit
perspective - that's right, ONE. This was a small study, on less
than two hundred people - where half received therapy and half
did not.

“The two groups, however, were not evenly matched. The group
receiving CBT had a lower quality of life at the start of the study
than the group selected for treatment (a fatal flaw in any study).
By the end of the study, the difference between the two groups
(with regard to quality of life), was smaller than it had been at
the start. Not only this, in the process of looking at the data NICE
managed to get these figures the wrong way round, and thus they
got the arithmetic upside down - which they admitted in the judicial
review, but said it didn't make any difference.

“Essentially, we had six hundred pages of padding, all - it seems
- to create the sense that some massive evaluation of the evidence
had taken place. When it boiled down to it, then entire decision making
process to support the use of CBT and GET teetered upon one hopelessly
flawed study which - even the authors admitted - had two unmatched
populations at the start. Compounding this, NICE got their basic
arithmetic wrong. Had I been marking this as an exam paper, it
would have got an F minus.

“It is difficult to look at this review and not feel that a reasonable
process had not been followed. I have even heard is suggested that
a decision had been made before the review had taken place. One
thing is certain. Once NICE have made a decision, that's that. The
oracle has spoken.”


The judgment is available here.

Dr Rita Pal

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Related Links:
* How The Judicial Review Of The CFS/ME NICE Guidelines Was Lost
Jane Bryant, The One Click Group
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