 After being treated with Avastin Mrs Otley's condition improved |
A bowel cancer victim has won the right to challenge her local NHS trust to fund treatment with a drug which could give her a new lease of life. Victoria Otley, 56, from Dagenham, east London, raised �15,000 herself for supplies of Avastin after she was diagnosed with cancer in November 2005.
When the money ran out she asked Barking and Dagenham NHS Primary Care Trust to pay for further treatment.
But the trust said its efficacy was poor and it was not cost-effective.
Life expectancy
But after having treatment with Avastin, Mrs Otley's condition improved.
She has been told that without treatment with the drug her life expectancy is three to six months.
Deputy Judge Sir Michael Harrison granted Mrs Otley permission to seek a judicial review of the decision and ordered a full hearing to take place urgently.
Lawyers for Mrs Otley claim the decision to refuse the drug on the NHS was unfair and unlawful and that the trust was in breach of its legal duty to their client.
Bowel Cancer UK said: "The High Court's verdict today confirms that Barking and Dagenham PCT's decision denying Ms Otley the drug Avastin was arguably unlawful and means they have a legal case to answer.
"We await the judicial review with interest."