The first court case to examine the availability of Trastuzumab (Herceptin)® on the NHS for early stage breast cancer has returned its decision.
The woman who brought a court case against Swindon PCT after she was originally denied the drug has lost her legal challenge. The judge, while sympathetic to the situation, stated he must base his decision on whether Swindon PCT had acted unlawfully.
Herceptin is not licensed in early stage breast cancer yet and NICE guidance is expected in August 2006.
Action: Clinicians may need to be aware of the courts decision in this case to enable them to respond to patients' questions.