CJD causes the brain to degenerate

The 40-year-old woman is believed to be the only current sufferer of variant Creutzfeldt-Jakob disease in Scotland.

Her husband was at the Court of Session in Edinburgh to hear Lord Nimmo Smith grant authority for doctors to carry out the treatment.

A neurosurgeon will now operate to install a catheter to allow the drug PPS to be released into her brain.

The family involved in the case wish to remain anonymous.

It appears to me there is a relatively minor risk associated with the procedure, given the alternative, which is without doubt, imminent death Ian Armstrong QC

The judge said: "I am satisfied that the condition involves progressive deterioration and unless arrested is fatal within a relatively short time."

"I am satisfied on the balance of probabilities that it is in her best interests that she be given the treatment which is proposed.

"On the very limited information which is available about it, it is possible that the treatment may halt or at least slow down the progressive deterioration, which is otherwise anticipated."

Lord Nimmo Smith added that it was "a very distressing and sensitive matter".

The woman, from central Scotland, is currently detained in hospital under mental health provisions and was considered incapable of giving informed consent to doctors.

Her husband raised a petition with the court seeking its authority to enable his wife to be given the drug pentosan polysuphate (PPS) following an operation.

Family moments

Doctors in Northern Ireland who used the treatment on young vCJD victim Jonathan Simms last year said early indications were that it appeared to be safe and may have improved his condition.

It was argued that giving the woman the drug may increase her life expectancy and the time during which she is able to enjoy family life.

The court heard that the woman is sometimes confused, but is generally able to recognise her family and speak to them.

She was able to go home at Christmas and have a child sit on her knee.

Ian Armstrong QC said: "She still has a clear sense of humour. She derives great joy and satisfaction from the presence of young children in the family.

"This is not a case where it would be inappropriate to seek to prolong the life.

I am satisfied on the balance of probabilities that it is in her best interests that she be given the treatment which is proposed Lord Nimmo Smith

"It is apparent to me and her family that she does have a quality of life.

"It comes to this, it appears to me there is a relatively minor risk associated with the procedure, given the alternative, which is without doubt, imminent death."

The husband was due to meet doctors on Friday and it was hoped to proceed before the end of the month.

The drug has not been given to a vCJD sufferer in Scotland before.

Valerie Stacey QC, for the husband, said: "This treatment is essentially experimental and normal procedures whereby a new treatment is tested have not been carried out."

She said that doctors considered that legal sanction was required to go ahead.

"It is not at a stage where doctors feel able to carry it out without the authority of the court."

Mrs Stacey said that whether the operation took place would depend on court authorisation and funding being made available.

BSE theory

She added: "The doctors are extremely hopeful funding will be in place."

She said that it is hoped that giving the drug treatment will at least slow down the deterioration in the victim's condition.

vCJD is a rare disease and it is understood that there have been 129 recorded cases in Britain.

The agent that causes BSE in cattle appears to be the same one that causes vCJD, the court was told.

It heard that although PPS is a well-established drug, its use as a treatment in vCJD cases is at an early stage of development.

Don Simms, Jonathan's father, told BBC Scotland that the family have seen an improvement in his condition after treatment.

He said: "His heart rate variability, which is always higher in variant CJD victims, has come down, in actual fact it's heading back towards normality.

"He speaks on more occasions. Okay, it's single words but they're used in the right context.