Test case for Herceptin to decide if UK health providers can refuse breast cancer drug treatment

13 February 2006

A test case at the High Court in the UK is due to determine whether a health authority has the right to refuse to fund a cancer treatment, which has been prescribed by a phy-sician, and which has been recommended by the country's Secretary of State for Health. After two days of hearings ending February 7, the judge has reserved judgement for a week, citing the urgency of the case for the patient.

Ann Marie Rogers, a 54 year old from Swindon, UK borrowed L5,000.0 ($8752.5) to pay for Swiss-based drug maker Roche's Herceptin (trastuzumab), because Swindon Primary Care Trust refuses to pay for the treat-ment, in what the plaintiff argues is in defiance of the UK government's guidelines. Previous legal challenges have been resolved by the health care provider backing down.

Waiting for NICE to decide

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