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Cancer patient wins drug battle | Cancer patient wins drug battle |
(20 minutes later) | |
A cancer patient has won a battle in the High Court to be given a drug which doctors say could prolong his life by up to three years. | A cancer patient has won a battle in the High Court to be given a drug which doctors say could prolong his life by up to three years. |
Colin Ross, 55, from Horsham, West Sussex, who has the bone marrow cancer multiple myeloma, launched his legal battle to obtain the drug Revlimid. | Colin Ross, 55, from Horsham, West Sussex, who has the bone marrow cancer multiple myeloma, launched his legal battle to obtain the drug Revlimid. |
The High Court was told he would have two months to live without the drug. | The High Court was told he would have two months to live without the drug. |
Mr Ross was challenging a decision by West Sussex Primary Care Trust (PCT) last March to refuse funding. | Mr Ross was challenging a decision by West Sussex Primary Care Trust (PCT) last March to refuse funding. |
Judge Simon Grenfell overturned the PCT's decision that the new drug would not be cost-effective, and said Mr Ross's case should be treated as "exceptional". | Judge Simon Grenfell overturned the PCT's decision that the new drug would not be cost-effective, and said Mr Ross's case should be treated as "exceptional". |
The judge ruled that the trust's decision was "one which no reasonable authority could have made on the application before it". | The judge ruled that the trust's decision was "one which no reasonable authority could have made on the application before it". |
The case has again raised the issue of a so-called "postcode lottery" for NHS treatments. | The case has again raised the issue of a so-called "postcode lottery" for NHS treatments. |
Mr Ross said last week he would already have been receiving Revlimid if he had been living in neighbouring East Sussex. | Mr Ross said last week he would already have been receiving Revlimid if he had been living in neighbouring East Sussex. |
Mr Ross's case demonstrates the devastating effect that the postcode lottery can have on people's lives Yogi Amin, solicitor | |
He found out about the discrepancy by talking to a fellow patient at the Royal Marsden Hospital who lives 12 miles away from him and was receiving the drug. | He found out about the discrepancy by talking to a fellow patient at the Royal Marsden Hospital who lives 12 miles away from him and was receiving the drug. |
Mr Ross was too ill to attend court for the ruling. | |
But his partner and carer Wendy Forbes-Newbegin, 52, who has breast cancer, said the wait for Revlimid had been "shameful". | |
"The mental anguish that we have been through has at times been unbearable, and wholly unacceptable in this day and age," she said. | |
The judge issued an emergency injunction to enable Mr Ross to begin treatment on Thursday. | The judge issued an emergency injunction to enable Mr Ross to begin treatment on Thursday. |
The order was made on an interim basis pending any further appeal and not as the start of permanent treatment. | The order was made on an interim basis pending any further appeal and not as the start of permanent treatment. |
Following the ruling, his solicitor Yogi Amin, from Irwin Mitchell, said: "Mr Ross is understandably delighted by the High Court's judgment to overturn the decision made by the West Sussex Primary Care Trust. | Following the ruling, his solicitor Yogi Amin, from Irwin Mitchell, said: "Mr Ross is understandably delighted by the High Court's judgment to overturn the decision made by the West Sussex Primary Care Trust. |
"His NHS doctor and team of expert clinicians at the Royal Marsden Hospital prescribed Revlimid to Mr Ross as an exceptional case. | "His NHS doctor and team of expert clinicians at the Royal Marsden Hospital prescribed Revlimid to Mr Ross as an exceptional case. |
"Doctors advised that the drug is the only viable option available to extend his life. | "Doctors advised that the drug is the only viable option available to extend his life. |
"Despite this it has taken months, and a High Court legal battle, for him to gain access. | "Despite this it has taken months, and a High Court legal battle, for him to gain access. |
"Mr Ross's case demonstrates the devastating effect that the postcode lottery can have on people's lives." | "Mr Ross's case demonstrates the devastating effect that the postcode lottery can have on people's lives." |