UNISON has been waiting for the outcome of this case because it is currently funding a Judicial Review Application made by 59 year old nurse, Elisabeth Cooke, who was refused Herceptin by Bristol North NHS PCT. The Trust has been ordered by the High Court to provide Herceptin to Ms Cooke on an interim basis, pending her appeal.

Dave Prentis, General Secretary of UNISON said:

"This is a potentially life-saving decision which will come as a huge relief to cancer patients who have been denied Herceptin. Elisabeth Cooke was put in the impossible position of either using her life savings to fund her treatment or go without.

"Today's decision underlines the importance of Primary Care Trusts instituting correct commissioning policies regarding the provision of healthcare."

Elisabeth Cooke said:

"This is fantastic news for women all over the country who are suffering from this form of breast cancer. We can all now get on with our lives"

John Watkins, Mrs Cooke's solicitors at Thompsons Solicitors in Cardiff said:

"This is a landmark ruling regarding the provision of healthcare treatment. With new and more expensive treatments which use cutting edge technology due to come into the healthcare market over the coming years this decision will affect thousands of people around the country."

The Judgment, given by the senior Court of Appeal Judge, Clarke MR and by Brooke LJ and Buxton LJ, states that the PCT's policy of not providing Herceptin to the Claimant was unlawful.

Other News about Herceptin

Thompsons Solicitors have reported other Stories about Herceptin.  

23rd August 2006 - Thompsons Solicitors and UNISON welcome NICE final guidance on Herceptin

28th July 2006 - Thompsons Solicitors Condemn Delay In Provision of Breast Cancer Drug Herceptin

12th June 2006 - Thompsons and Trade Union campaign for Herceptin

19 December 2005 - Bristol breast cancer patient threatens court action to get Herceptin drug