Judgment Handed Down Following Judicial Review
A mum-of-two from Wales with stage four appendix cancer was in the High Court this week to challenge a decision not to approve funding for her to receive potentially life-saving surgery.
Maria Wallpott, from Pontllanfraith, instructed public law and human rights experts at Irwin Mitchell to support her through the process. Maria and her legal team have issued the following statement after a detailed judgment was handed down today, in which they won on all five legal grounds argued in court.
The Welsh Health Specialised Services Committee (WHSSC) and Individual Patient Funding Requests (IPFR) panel will now be required to reconsider the decision.
Expert Opinion“We’re delighted that the court has handed down judgment in Maria’s favour. This will give her the best chance at surviving her illness and the court has found that the decision of the health trust panel was unlawful.
Understandably, Maria was devastated at the prospect of not being granted approval for NHS funding the treatment that could save her life. This was made all the more worse by the fact that if she lived elsewhere in the UK, it wouldn’t be an issue.
Maria waited several months for the panel’s decision and was refused approval twice, despite her specialist medical team believing she needed the treatment and surgery and she meets the exceptional criteria requirements.
We therefore thank the courts for hearing Maria’s case and wholeheartedly welcome their decision.”
Katy Cowans - Associate Solicitor
Maria, 50, said: “I am relieved that the judge has ruled in my favour. The quality of mercy is not restrained by Mrs Justice Steyn.
“The IPFR panel, made up of non-experts in my condition, have forgotten they are dealing with a human being, not hypothetical case studies. I still, however, need the IPFR panel to do the right thing and give me a chance of surviving this cancer.
“I want to live to see my children graduate, fall in love, and have their own children, is that too much to ask?
“I would like to thank surgeon Mr Gethin Williams, Irwin Mitchell solicitors, Mr Vikram Sachdeva QC, Delyth Jewell and Peredur Owen Griffiths Senedd Members, and my team at Velindre. These are the people whom have tried their hardest to save my life.”