06/02/2006

Cancer drug refusal branded a 'death sentence'

A woman who has launched a landmark legal challenge to get breast cancer drug Herceptin, has compared her NHS Trust's refusal to provide the drug as a "death sentence".

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

She had borrowed £5,000 for Herceptin treatment, but cannot afford to fund further courses.

Launching the case at the High Court, 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 that "waiting for the cancer to return is like waiting on death row".

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

(KMcA)

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