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Wednesday, 18 July, 2001, 13:53 GMT 14:53 UK
MS sufferer fights to die at home
Royal Courts of Justice, London
The case is being heard at the High Court in London
A man dying from multiple sclerosis who wants to spend his final days at home has been granted permission to launch a High Court battle against health chiefs.

Jason Lee Powell, 33, wants Dyfed Powys Health Authority to pay for the treatment he will need to spend his last few months at home.

Mr Powell also suffers from aspiration pneumonia and doctors believe he will probably not survive beyond next Christmas.

He is currently an in-patient at West Wales General Hospital in Glangwilli, Carmarthen.

I have total sympathy for your client

Justice Silber, High Court

Mr Powell's legal team succeeded on Wednesday in opening the way for an urgent judicial review of the health authority's decision.

A health authority spokeswoman said it "could not discuss the cases of individual patients".

At the High Court, Jenni Richards, for Mr Powell, told Justice Silber: "He is a very determined young man who is terrified at the prospect of going to a nursing home.
West Wales General Hospital
In-patient: West Wales General Hospital

"He won't go into a nursing home and cannot be forced to do so. Therefore the reality is that he will live out his last months in a hospital bed."

Ms Richards told the judge the health authority had only agreed to meet the cost of a nursing home placement - and that would not be enough to fund the 24-hour care he needs at his flat at Bryn Gwenllian, Whitland, Camarthen.

Mr Justice Silber ruled there was "an arguable case" which should go to a full hearing as a matter of urgency, likely to be heard in August.

He said: "I have total sympathy for your client".

Mr Powell has stated his wish to spend his remaining time alive at home with his family and friends.

Mr Powell claimed the health authority's position breached his fundamental human rights.

See also:

05 Oct 00 | Scotland
MS sufferers in drug plea
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