Post by Deanne Jenkyns on Apr 1, 2007 11:32:44 GMT 1
Drug victory for cancer patient
By Sara Nelson
Linda Gordon celebrates with her daughter Charlie BR5299
A TERMINAL cancer sufferer has won the first round in her fight to get funding for life- prolonging drugs.
Linda Gordon was told she may have only nine months to live when she was diagnosed with lung cancer 15 months ago.
Despite having been declared an "excellent" candidate for the tumour-shrinking drug Tarceva by her doctor, Mrs Gordon was refused funding for it by Bromley Primary Care Trust.
The mother-of-two took her battle to the High Court and was told the trust's grounds for refusing the drug were "flawed".
Mrs Gordon's solicitors at law firm Irwin Mitchell appealed for a judicial review of the trust's refusal to fund a month of treatment.
But prior to the preliminary hearing on September 1, the trust agreed to supply the drug.
The former pharmaceuticals worker said: "My solicitor tells me it is a victory at this stage."
The trust initially refused Mrs Gordon's application for the tablets because of "finite resources" and "limited evidence of effectiveness".
Depending on her response to the drug Mrs Gordon, of Southborough Lane, Bromley, will apply for further courses.
If the trust refuses again the matter could return to court.
Mrs Gordon said: "I am not giving in to anything. I'm taking this all the way."
A spokesman for Irwin Mitchell said: "Effectively the trust folded by agreeing to the treatment. It agreed to what we asked for so there was no need for the review."
Mrs Gordon was represented at the High Court by Yogi Amin, who won an appeal allowing breast cancer sufferer Ann Marie Rogers to be treated with the drug Herceptin.
Mr Amin said: "The judge determined there was an arguable case the trust's decision to refuse funding was flawed.
"On hearing this, the trust decided it would fund the next month.
"We will see how Mrs Gordon's cancer progresses and if we need it for longer than that we will go back to the trust.
"If they refuse us at a later stage, Mrs Gordon will have no hesitation to take the matter to the High Court."
He added: "It is a victory. The judge argued there were sufficient grounds for a judicial review.
"We have won this stage of the battle."
A trust spokesman said: "We don't agree with the interpretation put on this case by Mrs Gordon's solicitors .
"The High Court has considered the trust's decision not to fund Tarceva for Mrs Gordon and dismissed the claimant's application for judicial review.
"If a fresh request for Tarceva is made by Mrs Gordon to fund an individual clinical trial, the trust has been asked to consider this expressly.
"In the context of the litigation, the trust has agreed to fund Tarceva for Mrs Gordon between August and September this."
4:10pm Monday 4th September 2006
By Sara Nelson
Linda Gordon celebrates with her daughter Charlie BR5299
A TERMINAL cancer sufferer has won the first round in her fight to get funding for life- prolonging drugs.
Linda Gordon was told she may have only nine months to live when she was diagnosed with lung cancer 15 months ago.
Despite having been declared an "excellent" candidate for the tumour-shrinking drug Tarceva by her doctor, Mrs Gordon was refused funding for it by Bromley Primary Care Trust.
The mother-of-two took her battle to the High Court and was told the trust's grounds for refusing the drug were "flawed".
Mrs Gordon's solicitors at law firm Irwin Mitchell appealed for a judicial review of the trust's refusal to fund a month of treatment.
But prior to the preliminary hearing on September 1, the trust agreed to supply the drug.
The former pharmaceuticals worker said: "My solicitor tells me it is a victory at this stage."
The trust initially refused Mrs Gordon's application for the tablets because of "finite resources" and "limited evidence of effectiveness".
Depending on her response to the drug Mrs Gordon, of Southborough Lane, Bromley, will apply for further courses.
If the trust refuses again the matter could return to court.
Mrs Gordon said: "I am not giving in to anything. I'm taking this all the way."
A spokesman for Irwin Mitchell said: "Effectively the trust folded by agreeing to the treatment. It agreed to what we asked for so there was no need for the review."
Mrs Gordon was represented at the High Court by Yogi Amin, who won an appeal allowing breast cancer sufferer Ann Marie Rogers to be treated with the drug Herceptin.
Mr Amin said: "The judge determined there was an arguable case the trust's decision to refuse funding was flawed.
"On hearing this, the trust decided it would fund the next month.
"We will see how Mrs Gordon's cancer progresses and if we need it for longer than that we will go back to the trust.
"If they refuse us at a later stage, Mrs Gordon will have no hesitation to take the matter to the High Court."
He added: "It is a victory. The judge argued there were sufficient grounds for a judicial review.
"We have won this stage of the battle."
A trust spokesman said: "We don't agree with the interpretation put on this case by Mrs Gordon's solicitors .
"The High Court has considered the trust's decision not to fund Tarceva for Mrs Gordon and dismissed the claimant's application for judicial review.
"If a fresh request for Tarceva is made by Mrs Gordon to fund an individual clinical trial, the trust has been asked to consider this expressly.
"In the context of the litigation, the trust has agreed to fund Tarceva for Mrs Gordon between August and September this."
4:10pm Monday 4th September 2006
LC charity Ball