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Herceptin lawyer wins reprieve for dying man to receive drug denied to him by his PCT

Yogi Amin builds on Herceptin court success


Yogi Amin of law firm Irwin Mitchell, who successfully fought for the right of Ann Marie Rogers to receive the breast cancer drug Herceptin, has today won an injunction for his client Paul Bould to receive the cancer drug Tarceva. This is only the second time that the right to receive prescribed drugs has been taken to the High Court.

Mr Bould (51) of Morecambe, Lancashire has lung cancer and Tarceva has been prescribed to him by his doctor to alleviate the symptoms of his terminal illness as well as to prolong his life. However, despite several appeals the drug has been denied to him by his Primary Care Trust (PCT), Morecambe Bay PCT.

The injunction awarded late yesterday in an urgent hearing in the High Court, London, will enable Mr Bould to have access to the drug in the interim before a full judicial review can be heard. The PCT have been ordered to fund the drug so long as it is necessary whilst the case proceeds. The judicial review will attempt to overturn the PCT's decision to not pay for the drug, prescribed by a doctor, which costs £1500 a month.


Herceptin drug would "prolong life"

Previous self funded treatment with the drug, along with independent research suggests that the drug would prolong Mr Boulds life and ease the symptoms he is currently suffering as a result of the cancer.
Papers to initiate a judicial review on the PCT's decision were served on Monday 17 July 2006.

Mr Amin said "This is a particularly desperate case as Paul is in a serious condition and we have evidence that this drug would significantly improve his quality of life as well as help to extend it. When he took the drug, Pauls condition improved measurably almost immediately. His tumour stopped growing and his symptoms improved considerably.

He could now be entering the final phase of his life and to deny him this drug on financial grounds is wrong on every level, however in particular we will be arguing that denial of this drug is a breach of Pauls human rights and in particular his right for life.

Mr Amin continued "We call on the PCT to not challenge this injunction and to re-consider giving Mr Bould the drug which his doctor has prescribed him to allow him to have a better chance of life, as well as improving the terrible symptoms he has for his remaining days.

If the PCT ds not give Mr Bould this drug we will press ahead with the High Court action for a judicial review challenge against this decision. Paul is currently in a specialist unit at the Royal Lancaster Hospital, the very last thing he needs is something other than the cancer to fight.

Do you have a claim? If you or someone you know has been effected by a similar case of being denied drugs for treatment, our solicitors can help. Visit our public law section.