North Yorkshire Woman Given Drug Appeal Hope
North Yorkshire and York Primary Care Trust Drug Funding
14/04/2008
A North Yorkshire woman dying of multiple myeloma is hoping health bosses will go back on their refusal to fund a drug that could add years to her life.
Anne MacFarlane, 65, of Bedale, North Yorkshire, was first diagnosed with the disease, a cancer of the blood cells, in June 2004 and was told in November 2007 by specialists – including her own consultant and two other local consultant haematologist – that she urgently needed the drug Lenalidomide.
The North of England Cancer Network Haematology (South) Lymphoma and Myeloma Multidisciplinary team, comprising a number of haematologists from across the region, also recommended that Mrs MacFarlane should be treated with -Lenalidomide on 7 November 2007. Evidence from international expert Professor Karol Sikora has also been obtained in support of Mrs McFarlane's case.
However, the North Yorkshire and York Primary Care Trust refused to fund the cost of the drug, despite having previously funded its use for three other patients in the area.
Following an unsuccessful appeal to the Primary Care Trust in February this year, Mrs MacFarlane turned to Lisa Wild, solicitor at law firm Irwin Mitchell, to take up the case.
Mrs Wild argued that the PCT's appeal decision was flawed and, with the PCT refusing to change its decision, lodged judicial review proceedings against the Trust to challenge its decision.
The High Court case was due to be heard on Thursday, April 10th but the PCT made an 11th-hour decision to hold another appeal hearing instead.
Mrs Wild criticised the 'perverse' decision of the PCT to refuse funding of the drug for Mrs MacFarlane and said the refusal to provide the drug was in breach of Mrs MacFarlane’s human rights.
She said: "Compared to the majority of other patients at her stage in her disease, Mrs MacFarlane's general health is very good. Specialists have said this drug could extend her life by as much as a year and could vastly improve her quality of life in that time.
"Based on the evidence available to us, it seems clear that Anne’s is an exceptional case for funding for this drug. In the first instance Mrs MacFarlane’s is only asking for funding for an initial period of four months to establish her response to the drug.
"One of the saddest things is the time this has taken – Mrs MacFarlane is dying and should not have been forced to go through a six-month-long process of appeals and court cases.
"It seems perverse that although the PCT were prepared to fund a stem cell transplant which, including hospital treatment and after care, would have cost at least £25,000, they are not prepared to spend a smaller amount on funding for a drug which could both significantly extend Mrs MacFarlane's life and improve her quality of life. The cost of Mrs MacFarlane’s treatment with lenalidomide for a four month period would be approximately £20,500.
"The refusal to provide this drug which the doctors have prescribed, to keep her alive, is a breach of her right to life under Article 2 of the European Convention of Human Rights."