3 Apr 2008
WALSH & ORS V PHARMAC AND ANOR HC WN CIV 2007-485-1386
- Citation
- openlaw-934e7eac_8af8_48f1_a381_095abc68fff2.pdf
- Court
- High Court
The Board's 26 July 2006 resolution declining Roche's application for 12 months adjuvant Herceptin was set aside for failure to consult as required by s49 in the circumstances; PHARMAC must re‑consult and reconsider the Roche application afresh. Challenges to the April 2007 Board decision to fund a 9‑week regimen and to the CaEC refusals were dismissed because those processes were lawful, involved adequate consultation for their scope, and the CaEC scheme and reviews were not biased or ultra vires.