The decision is 'life or death', says Ms Cooke's solicitor

Elisabeth Cooke, 59, a mental health nurse from Southmead, Bristol, was diagnosed with breast cancer in March and underwent surgery a month later.

Bristol North PCT has said they would not be prescribing the drug before it was licensed - unless she can prove she is an "exceptional case".

Ms Cooke's lawyer says it is a "life or death decision" for the NHS.

She has said to me that she will do everything in her power to get the drug on the NHS John Watkins, solicitor

Mother-of-two Ms Cooke suffers from the HER-2 strain of breast cancer and is now undergoing chemotherapy and radiotherapy.

Herceptin is not expected to be fully licensed until next year, which Ms Cooke's solicitor John Watkins says is too late.

Mr Watkins said: "Her consultant has said that following her chemotherapy, which is due to finish, she will need Herceptin fairly soon afterwards.

"She's very determined. She has said to me that she will do everything in her power to get the drug on the NHS."

Herceptin is currently licensed only for use in women with advanced breast cancer, but the government has said that all women in England with early stage breast cancer are to be tested to see if they could benefit from the drug.

'Personal circumstances'

Health Secretary Patricia Hewitt has also ordered the drugs watchdog, the National Institute for Health and Clinical Excellence (NICE), to fast track its assessment of the wider use of Herceptin.

That process can only be completed once the drug's licence has been extended and the application for which will be submitted in February next year.

A spokeswoman for the trust said: "A clinician may ask a PCT to approve the use of Herceptin for patients who they believe should be prescribed the drug in advance of Nice approval, because of their exceptional personal circumstances.