07/02/2006

Breast cancer sufferer faces wait on drug ruling

A breast cancer sufferer will have to wait to learn the result of her legal battle against the NHS' decision not to provide her with the drug, Herceptin.

Ann Marie Rogers, 54, from Swindon, launched her case after being refused the drug, which is only licensed for the treatment of advanced breast cancer, by Swindon Primary Care Trust.

However, a High Court Judge said that he would not decide on the case immediately, because the decision was "too important".

Ms Rogers' case is the first case to come to court. If she is successful, it could lead to all PCTs being forced to provide the drug for all patients with early-stage breast cancer.

Pressure has been mounting on the NHS to provide Herceptin for patients in the early stages of breast cancer. In two other previous cases, the NHS agreed to provide the drug, which costs around £20,000 per year's treatment.

Ms Rogers had borrowed £5,000 for Herceptin treatment, but cannot afford to fund any more courses.

Launching the case at the High Court yesterday, Ms Rogers' solicitor Ian Wise said that the Trust's policy of only providing Herceptin in "exceptional cases" was "arbitrary and unlawful".

In a statement, Ms Rogers said that she felt "as though I have been given a punishment like a death sentence" and added "waiting for the cancer to return is like waiting on death row."

(KMcA)

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