A CANCER patient `sentenced to death' because the NHS would not pay for a drug that could prolong her life, has lost her latest bid to get the treatment.
Grandmother Jean Murphy 62, who has at most eighteen months to live, was told that treatment with the drug Sutent, could extend her life by six months.
An NHS panel was ordered by a judge to look at its case again after initially refusing Mrs Murphy the drug.
After the panel ruled against her again, Mrs Murphy launched the current appeal which was turned down yesterday following a hearing at the headquarters of the Salford Primary Care Trust in Salford yesterday. Mrs Murphy's lawyer Mark McGhee, said Mrs Murphy who has kidney cancer, was "utterly devastated" by the Trust's ruling. He said: "The answer was no in emphatic terms, and the decision was made in accordance with its policy and procedures."
Though disappointed at the decision himself, he said it would not stop him pursuing further legal action. "We will have to look very, very carefully at the decision and the reasoning behind it" he added.
"The only option then would be to go back to the High Court, but the sad truth is that time is running out in this particular case.
"Such action would take weeks, and tragically Mrs Murphy does not have weeks, if this drug were to have any beneficial effects."
"Lost"
He said: "To make matters worse, her husband Michael who has Crohn's disease, and for whom she cares, has already made it clear that if his wife is denied this treatment, he himself has effectively lost the will to live."
Mrs Murphy from Salford, who is in constant pain and uses a wheelchair, had already twice been denied the drug, which an expert said could shrink her tumour, giving her vital extra weeks of life.
It is rarely prescribed in Greater Manchester, despite being routinely available in Cheshire and Liverpool, but a judge ordered a review of the case after finding that the Trust had not considered Mrs Murphy's circumstances.
The drug, which costs £3,500 per month, was recommended by her consultant at Christie Hospital, Prof Robert Hawkins who described her as `an ideal patient.' He said it would have a 40 per cent chance of shrinking the tumour, and would prolong her life by around six months.
At the High Court, Prof Conor Gearty, a human rights expert argued that the NHS panel had acted unlawfully and unreasonably, and that her situation deserved special treatment.
The Salford PCT voted against prescribing the drug, claiming that her case was not exceptional enough. The appeal hearing yesterday came to the same conclusion.
Petition
Thousands of people had signed a petition urging the Trust to change its mind in favour of Mrs Murphy, and her family had urged Health Secretary Alan Johnson to intervene.
Her daughter Cathy Ostasz wrote: "Jean Murphy has been sentenced to death because Labour don't care. Without the treatment Jean Murphy will die."
Last summer broadcaster Tony Wilson, who later died of a heart attack, had to rely on showbiz friends to pay for the drug because health bosses wouldn't approve the treatment.
Salford Primary Care Trust said that a small number of studies on the effectiveness of Sutent, indicate that for the majority of patients - around 60 per cent - the drug had no effect in delaying the progression of cancer.
In 40 per cent of sample studies, there was an indication that the progression of the disease was delayed typically, for eight months.
The Trust says that while Sutent is an advance in the treatment of Mrs Murphy's type of cancer, it does not provide a cure to what is inevitably, a terminal condition.
It says the Trust is investing new money into cancer services for Salford people, including £1.5 million for services at Christie, £700,000 at local hospitals and £430,000 on breast cancer screening.
By funding Sutent treatment, it says the Trust would have make choices about which other services not to fund.
Comments
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I am absolutely disgusted that Mrs. Murphy has had her request for a drug that could prolong her life or even save it. I wrote to my MP to ask how the government can justify giving £30m of taxpayers money to a terrorist organisation Hamas when our own citizens are being be denied vital drugs, needless to say I am still waiting three weeks later
This government can find money for immigrants, Northern Rock, billions spent on improving the lives of Londoners, billions spent on an illegal war in Iraq and the amount this lady needs wouldn’t even make a splash in the ocean of wasted money.
jean my heart goes out to you, couldn't someone help this lady.
its a disgrace others get the drug in other areas.
I dont know how they sleep at night
My sympathies to Jean.
She has basically been sentenced to death by the 'NATIONAL' Health Service.
Thats the key word here 'National' which obviously doe's not apply under the NuLabour regime.
Is it not this poor ladies right to receive treatment as an nhs patient, she has probably paid her national insurance all her poor life and told by morons we can't help. would't you think under the labour goverment this poor lady shouldn't even need to ask for help.
its beggers belief in this day and age you can't get anything back you you have paid in. its her human rights as a british tax paying citizen to receive nhs help, so what the hell are we all paying for.
morons sack em all and get this stupid goverment out.
trust me jean "God will Help"
Regard and best wishes
chriso
my word this is so so bad the nhs wont pay...
hurrr makes me mad mad .. i hope you keep going jean keep on going with it dont give up hope.. we all should get nhs drugs for cancer free ... the uk is the worst place to live ever.... i hate it here seeing lovley ladies like this suffer the ....... good luck jean set up a something so we can give money to heLP you... take care god BLEES YOU XXX
So Salford PCT don't thinkJeans case is exceptional enough!!!
What is more exceptional than dying.
I agree in one way because the PCT's don;t have enough money but who's fault is that. Because we have a post code health system where it is supposed to be a NATIONAL health system where on PCT will pay for drugs and another won;t that is not right. For some to be sentenced to death and that is what they have done to Jean for money to me that is criminal.
Also why do these drugs cost £3500 a month who is getting all this money it is they who should be challenged. For aguements sake this is 4 tablets a day which works out at £28:23p per tablet which is even at half that price ridiculous.
I feel for both her and her husband and my thoughts are with them.
Sentenced to death? what, for an extra 6months of life? how about you concentrate on quality of life for the remainder of what you have left. we all die in the end, its what you do with it that counts. sounds like 'glass half empty' to me.
If money that was wasted in the health service on being politically correct was spent on the patients, then this lady would be able to have the drugs to keep her alive. In Bolton, and I am sure the same is true elsewhere, before you have any hospital treatment you are given a form to fill in with question about your race, ethnic origins and sexual orientation. How much money is being wasted on all this and what is the point of it? The nurses apologise and say they are forced to do it.
Very sad story, but the reality is there isn't enough money in all the world to help all the people all of the time. Choices have to made however unpleasant and unpalatable. It isn't that the NHS doesn't care, it is that simply (and particularly in certain areas) there are too many people, too ill, to get treatment.
This is in deed a very sad situation. However, as some posters have already indicated the NHS, like all health schemes throughout the world carries out rationing of services. Sutent is not a cure as some seem to believe it will regretably only extent life for a short period.
The question that those who have responded with their hearts have to face is what would they have done if a member of the panel? Would they simply allow all such requests/appeals?
A sad story but one that will become more common with advances in medical technology/drugs.
If the NHS stopped wasting money on administrators and finance directors, maybe this lady and many others could be granted this drug to prolong their lives. I agree with Chris's comments below, it is disgusting that you pay in all your life for a service only to be told, 'sorry, no, it's too expensive to treat you'.
I truly despair of this country and it is getting no better.
Salford PCT stands for
Primary Care Trust?
so Jean is
A)Ill and is of PRIMARY concern.
B)Ill and needs CARE
C)Needs treatment to prolong her life which comes from this TRUST.
so in theory Salford PCT isnt doing its job properly.
So why isnt something being done about it?
You do pay in all your life but in very many cases the amount of contributions even over a full working life come nowhere near covering the costs of expensive treatments. Whether the treatments should be so expensive is a different matter, but the reality is we live in a world where profit seems to be the bottom line. Money is finite, everyone knows that, so as a board member would you willingly choose between a treatment that might prolong the lives of 20 people by a year, one that might prolong the life of one person for 6 months or one that might help a 5 year old kid......be realistic folks, we can't pay for them all, not unless everyone is willing to reach into their pockets and shell out more tax.
Good Luck Jean, I hope you get the treatment you don't only deserve but should have by right.
Best wishes from me and the wife.
Halokittykat wrote:- "the uk is the worst place to live ever...."
He/she wins my prize for the stupidest remark ever published in the MEN boards, against some very tough opposition.
Ian, your logic is falling on deaf ears as mine did when this story forst arose. People just can't comprehend the facts.
Blame the government you elected.
Human Rights Act 1998 Article 2: Right to Life
(1) Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which the penalty is provided by law.
As Jean has been denied her rights can her family sue the PCT or the govt on the grounds of unlawful killing when the worst comes?
How can it be that assisted suicide is not legal, drs are there to save life we are told but PCT/Govt are allowed to tell them who to kill or tell you - "sorry you have been picked today - to die" - probably in agony as no one will allow you to overdose but the pain relief is insufficient but sorry you have to put up with that!!
Recent cases that are similar to this one say the patient can't buy the drug themselves privately because they will lose her right to NHS treatment because govt says we can't have a two tier system - the two tier system is already there is it not - it is the same NHS doctors who work for the private sector also is it not?
Post code lottery is an absolute disgrace, a drug should be allowed nationally or not at all, - the human rights act listed above contains
Article 3: Inhuman treatment
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.-
Does the first line about torture not come into this case also? Mental torture!!!!!!
I know we can't provide for everyone as there isn't a bottomless money pit but there are so many double standards in this country that are "cherry picked" for the particular moment to suit whoever, whenever and no firm guidelines so everyone knows the score - we say children should have boundries then they know where they are up to - should we not have these basics in place with all the PCT and Govt instead of playing mind games with these poor people and playing God just because you can?????!!!!
I hope her husband doesn't give up his medication, he should continue to fight on for Jean in order to make changes and not just become another tragic statistic himself.
My prayers are with you Jean and your family
Can I also point out, that as a fellow sufferer who has done extensive research - Crohn's Disease itself is not a fatal condition as some posters seem to think. It is a chronic illness that predisposes to other fatal conditions.......Oh and neither does it mean you get free prescriptions, that only happens if you're on benefits or live in Scotland or Wales. Or lie.
In view of the rejection by NHS to fund Mrs. Murphy's treatment I would be prepared to contribute to any a collection to fund the treatment. Has there been any appeal set up ?