Cancer patient wins drug access

Mr Bould is currently being treated in the Royal Lancaster Infirmary

A lung cancer patient has said he is "over the moon" after winning an injunction to receive the drug Tarceva.

Paul Bould, 51, of Morecambe, Lancashire, was prescribed the drug by his doctor to ease the symptoms of his terminal illness and prolong life.

But Morecambe Bay Primary Care Trust refused to pay for the Tarceva, which costs £1,500 for a month's treatment.

The High Court ruled Mr Bould must be allowed access to the drug until a full judicial review can be heard.

Papers to initiate a judicial review on the PCT's decision not to treat Mr Bould were served on Monday.

The National Institute for Health and Clinical Excellence (Nice) is currently appraising Tarceva for use on the NHS and final guidance is expected in December.

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 Yogi Amin Paul Bould's solicitor

Speaking from his hospital bed at the Lancaster Royal Infirmary, Mr Bould said the drug could prolong his life.

He said: "I'm over the moon about this decision. I've been on the drug for the last two months after my doctor prescribed it.

"It has stopped my coughing and made it easier for me to breathe."

Mr Bould's solicitor, Yogi Amin of law firm Irwin Mitchell, who represented breast cancer sufferer Ann-Marie Rogers in her battle for the drug Herceptin, said his client's case was "particularly desperate".

He added: "We have evidence that this drug would significantly improve his quality of life as well as help extend it.

'Symptoms improved'

"When he took the drug, Paul's 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 Paul's human rights and in particular his right for life."

The injunction means that Mr Bould, who was diagnosed in August 2004, will continue to receive the drug until a full judicial review can be heard.

The PCT faces major challenges in fulfilling its responsibility to all its residents in Morecambe Bay Morecambe Bay PCT

A statement from Morecambe Bay PCT said: "The PCT is committed to funding medical treatment, support and care of proven effectiveness for patients with all forms of cancer.

"However, the PCT faces major challenges in fulfilling its responsibility to all its residents in Morecambe Bay to make best use of finite available funds, to prioritise funding for those drugs and medical treatments that are cost effective and of proven medical effectiveness."

Funding for Tarceva has not been approved by any of the cancer networks in the north-west of England, it added.