12/04/2006

Breast cancer patient wins Herceptin court battle

A breast cancer patient has won an appeal to receive the drug Herceptin on the NHS.

Ann Marie Rogers, 54, from Swindon went to the Court of Appeal after the High Court ruled that Swindon Primary Care Trust had not acted unlawfully in refusing to give her the drug.

However, the Court of Appeal ruled that the PCT's policy in denying her the treatment was "irrational and unlawful".

Herceptin is currently only licensed for the treatment of advanced breast cancer, although research has suggested that it could also help those patients in the early stages of breast cancer, such as Ms Rogers.

Swindon PCT had refused to give Ms Rogers Herceptin because it was not licensed for the treatment of early-stage breast cancer and argued that this was in line with the government guidance.

Speaking to reporters after the ruling today, Ms Rogers said that she "couldn't have asked for a better verdict" and said she felt like she had "won the lottery".

Roche, the manufacturers of Herceptin, applied to European drug authorities for the drug to be used to treat early-stage breast cancer in February.

The National Institute for Health and Clinical Excellence promised to fast-track appraisal of Herceptin once the European authorities granted permission and if the drug proved to be cost effective.

A year's treatment of the drug costs around £20,000.

(KMcA)






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