UNISON, the UK's largest union, and their law firm Thompsons, today welcomed the ruling in the Court of Appeal that Swindon NHS PCT must provide breast cancer sufferer, Ann Marie Rogers with potentially life-saving drug Herceptin.
UNISON has been waiting for the outcome of this case because it is currently funding a Judicial Review Application made by 59 year old nurse, Elisabeth Cooke, who was refused Herceptin by Bristol North NHS PCT. The Trust has been ordered by the High Court to provide Herceptin to Ms Cooke on an interim basis, pending her appeal.
Dave Prentis, General Secretary of UNISON said:
"This is a potentially life-saving decision which will come as a huge relief to cancer patients who have been denied Herceptin. Elisabeth Cooke was put in the impossible position of either using her life savings to fund her treatment or go without.
"Today's decision underlines the importance of Primary Care Trusts instituting correct commissioning policies regarding the provision of healthcare."
Elisabeth Cooke said:
"This is fantastic news for women all over the country who are suffering from this form of breast cancer. We can all now get on with our lives"
John Watkins, Mrs Cooke's solicitors at Thompsons Solicitors in Cardiff said:
"This is a landmark ruling regarding the provision of healthcare treatment. With new and more expensive treatments which use cutting edge technology due to come into the healthcare market over the coming years this decision will affect thousands of people around the country."
The Judgment, given by the senior Court of Appeal Judge, Clarke MR and by Brooke LJ and Buxton LJ, states that the PCT's policy of not providing Herceptin to the Claimant was unlawful.
Other News about Herceptin
Thompsons Solicitors have reported other Stories about Herceptin.
23rd August 2006 - Thompsons Solicitors and UNISON welcome NICE final guidance on Herceptin
28th July 2006 - Thompsons Solicitors Condemn Delay In Provision of Breast Cancer Drug Herceptin
12th June 2006 - Thompsons and Trade Union campaign for Herceptin
19 December 2005 - Bristol breast cancer patient threatens court action to get Herceptin drug
Concerned about negligent medical treatment or diagnoses? Talk to us for advice and support today.
Our discrete and compassionate solicitors are experienced in the full range of medical injury claims, and will work with you to establish whether you have a claim for compensation. If you, or a loved one, think you have suffered medical negligence in the last three years, contact us for advice.
If the incident happened more than three years ago, you will usually not be able to make a claim for compensation. However, exceptions do apply – such as instances where you could not have reasonably known your symptoms were caused by clinical negligence, or cases involves adults who lack legal capacity or children – so contact us for advice.
For further information, visit our How to Make A Compensation Claim page.