UK High Court judge Justice Bean ruled that Swindon Primary Care Trust in Wiltshire, which had refused Ann Marie Rogers, 54, the costly drug treatment, need not pay for Herceptin, made by Roche.
Summarising his decision, the judge said that while some primary care trusts do fund Herceptin for early-stage breast cancer sufferers, that was not Swindon's policy, other than in exceptional cases.
"The court's task is not to say which policy is better but to decide whether Swindon's policy is arbitrary or irrational and thus unlawful," said Justice Bean.
"I find that Swindon's policy is not unlawful, whether in English domestic law or under the jurisprudence of the European Court of Human Rights.
"Accordingly, despite my sympathy with Ms Rogers' plight, I must dismiss the claim," he said.
Insiders' view: Looks like another case of descent into penury to pay for treatment! That is unless Roche give back some of their record Herceptin profits and donate some free stock!
Source: Reuters
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