Herceptin court bid

A woman with breast cancer has been awarded the right to mount a high court challenge against her local NHS trust after they have refused to give her the breast cancer treatment drug Herceptin.

Ann Marie Rogers, from Swindon, is bringing the first case of its kind, after other primary care trusts have agreed to fund the treatment in the face of threats of legal actions.

Ms Rogers’ lawyers will be arguing that Swindon NHS Primary Care Trust’s refusal to pay for the treatment breaches her right to life under the European Convention on Human Rights.

The drug has been licensed in the UK and approved by the National Institute for Clinical Excellence (NICE) as cost-effective for the advanced stage of her cancer. Trials have also suggested the drug halves the chance of recurrence if used in the early stages of cancer, thereby potentially saving 1,000 lives a year. It is expected to be licensed for early stage treatment later this year. Health Secretary Patricia Hewitt has warned trusts not to refuse it on cost grounds alone.

Ms Rogers, aged 53 and a mother of 2, borrowed £5,000 to commence the treatment privately but ran out of money. At a Hearing before Christmas, a judge ordered the trust to fund the treatment until the outcome of this week’s Hearing.