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How does the operation of PHARMAC's 'Community Exceptional ...

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circumstances described were not sufficiently unusual. Again, no reason,<br />

ground, rationale or elaboration on <strong>the</strong> criteria by <strong>the</strong> Panel was given.<br />

Case No. 8 (OIA Document No. 88) June 2010.<br />

This claim is made by a GP on behalf <strong>of</strong> a patient who was suffering from<br />

psoriatic arthritis and depression. The Community <strong>Exceptional</strong> Circumstances<br />

claim was made for a drug named Lyprinol, o<strong>the</strong>rwise known as New Zealand<br />

Green Lipped Mussel Lipid Extract. The patient was taking Ibupr<strong>of</strong>en and<br />

Dicl<strong>of</strong>enac and this medication was giving her diarrhoea and stomach ulcers.<br />

The GP wanted to try her on Lyprinol because he claimed that <strong>the</strong>se are<br />

unusual clinical circumstances prevailing as a result <strong>of</strong> <strong>the</strong> current treatment.<br />

The drug Lyprinol is not registered in New Zealand but it is registered for<br />

prescription in Australia. PHARMAC have removed <strong>the</strong> name <strong>of</strong> <strong>the</strong> specialist<br />

from this document, however <strong>the</strong> words “Rheumatologist ….refer to OPD<br />

letter…” (<strong>Exceptional</strong> Circumstances Panel 2010) can be made out in <strong>the</strong><br />

document supplied. This indicates that a specialist letter has been provided to<br />

<strong>the</strong> Panel but has been withheld in <strong>the</strong> OIA response. This is a shame because<br />

<strong>the</strong> specialist opinion would have been informative about <strong>the</strong> special<br />

circumstances which may or may not have applied.<br />

The GP has provided eight published papers including journal articles to<br />

support <strong>the</strong> safety and clinical effectiveness <strong>of</strong> Lyprinol 66 . These were:<br />

1. An advertising flyer discussing <strong>the</strong> benefits <strong>of</strong> Lyprinol.<br />

2. Certificate <strong>of</strong> Medicine Listing by <strong>the</strong> Therapeutic Goods<br />

Administration , Commonwealth Department <strong>of</strong> Health and Aging,<br />

Australia 67 .<br />

3. Blackmore’s Lyprinol packet information.<br />

A study conducted at <strong>the</strong> Hong Kong Polytechnic University, Hong<br />

Kong SAR, China, by Chi-Ho, Hon-Kei Lum, Kin-Cheung Ng, McKay,<br />

Kwock-Chu Butt, Wong, and Chun-Lap Lo (2007) was published in<br />

eCAM Advanced Access on September 26th 2007. This is a clinical<br />

report <strong>of</strong> a randomised trial testing <strong>the</strong> effectiveness <strong>of</strong> Dicl<strong>of</strong>enac,<br />

Lyprinol and a control <strong>of</strong> olive oil. The trial was carried out on<br />

adjuvant induced arthritis rats. The study confirmed <strong>the</strong> anti-<br />

66 In fact <strong>the</strong> only claimant <strong>of</strong> <strong>the</strong> 8 cases discussed in this section to provide journal articles in support <strong>of</strong> <strong>the</strong><br />

application.<br />

67 Equivalent to Medsafe in New Zealand<br />

209

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