Call to over-rule drug refusal

6:13pm Friday 4th July 2008

A judge has asked an NHS panel to reconsider its decision to refuse a powerful cancer drug to a woman who is the sole carer of her seriously ill husband.

Jean Murphy, 63, of Cleveland Avenue, Salford, Greater Manchester, took her case to London's High Court after Salford Primary Care Trust refused exceptional funding for the drug sunitinib which her consultant said would give her a few more months to live.

Known as Sutent, the drug is being tested for kidney cancer and stomach tumours, but is not yet widely available on the NHS.

Mr Justice Burnett said the commissioning panel who looked at the application had failed to consider the matter "in the round", including the factor that she was responsible for her husband's day-to-day care and needs.

"I have come to the conclusion that I am not able to say that the decision would necessarily have been the same if the matter had been looked at in the round."

He added: "It will be a matter for the commissioning panel to determine whether exceptional funding should flow.

"The legal error in the decision-making process does not lead to the conclusion that the decision will necessarily be different."

The panel is expected to meet next week.

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