Court rules against Herceptin prescription

The court hearing to decide whether Swindon Primary Care Trust should give Ann Marie Rogers, 54, the drug Herceptin to treat the early stages of breast cancer have ruled for the drug not to be given to her.

Ms Rogers’ legal team told the court that the ruling should be declared “arbitrary and unlawful”. The PCT have responded saying that they were acting in line with official guidance that the drug only be used in exceptional cases.

Previous legal actions by women have resulted in NHS trusts funding the drug, at around £20,000 for a year’s treatment. Pressure is mounting for the NHS to prescribe the drug as research has shown it is effective in fighting breast cancer.

Philip Havers QC who represented the PCT said the decision reinforces the official guidance as “no exceptional circumstances, either clinical or personal were demonstrated”.