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Cancer sufferer wins drugs ruling | |
(about 1 hour later) | |
A bowel cancer sufferer has won a High Court ruling forcing a health authority to pay for her drug treatment. | |
Mr Justice Mitting said the decision by Barking and Dagenham Primary Care Trust not to pay for Avastin for Victoria Otley was "flawed and irrational". | Mr Justice Mitting said the decision by Barking and Dagenham Primary Care Trust not to pay for Avastin for Victoria Otley was "flawed and irrational". |
Lawyers for Miss Otley, 57, argued the drug had been partially effective when she spent £15,000 on private treatment. | Lawyers for Miss Otley, 57, argued the drug had been partially effective when she spent £15,000 on private treatment. |
The trust, which said the drug was not cost-effective and efficacy was poor, must now pay for five treatments. | |
Important chances | Important chances |
The judge said the NHS panel considering the case had only concentrated on Miss Otley's short-term prospects. | |
He said the panel had failed adequately to take into account her "slim but important" chances of surviving more than a few months if she received the drug. | He said the panel had failed adequately to take into account her "slim but important" chances of surviving more than a few months if she received the drug. |
Ian Beaumont, of Bowel Cancer UK, said he was "delighted" with the judgement. | |
He said: "This is the first bowel cancer case to come for judicial review. | |
"We await with interest what this judgment means and hope common sense will prevail from the trust." | |
Miss Otley, a mother of two and grandmother of three, from Dagenham, east London, had been told that without treatment her life expectancy was three to six months. | |
Money ran out | |
She was diagnosed with cancer in November 2005 - two and a half years after she first consulted doctors about her symptoms. | She was diagnosed with cancer in November 2005 - two and a half years after she first consulted doctors about her symptoms. |
Her father had died from the same disease. | Her father had died from the same disease. |
Miss Otley raised £15,000 to fund supplies of Avastin and other drugs and her condition improved. | Miss Otley raised £15,000 to fund supplies of Avastin and other drugs and her condition improved. |
But when her money ran out the trust refused to fund her treatment, which costs about £1,200 per cycle. | |
The trust had argued that the allocation of resources was an important factor because although only £5,000 may be required in Miss Otley's case, many other patients might claim the right to the same treatment. | The trust had argued that the allocation of resources was an important factor because although only £5,000 may be required in Miss Otley's case, many other patients might claim the right to the same treatment. |
After Wednesday's ruling it was decided that the trust will pay for five cycles of the drug and then review her condition. |