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Sutent case set for high court

Ailsa Cranna
12/ 6/2008

A GRANDMOTHER is hoping to take her case to the High Court after being refused drugs for the second time to help her fight cancer.

Jean Murphy is enlisting the aid of a barrister after twice being refused the life-enhancing drug Sutent by Salford Primary Care Trust.

The 62-year-old, who is suffering from kidney cancer, which has spread to her lungs, was horrified last week when PCT bosses refused her the drug for the second time, even though she backed her appeal with a 1,000-plus named petition.

She said: "I was told by the panel that the petition was void because the wording at the top gave people the impression Sutent would save my life when it can only prolong it.

"No one, least of all myself, is in any doubt that the drug cannot save me, but it can help me live longer and improve my quality of life.

"My health is failing, and there are days now when I have to resort to my wheelchair because I cannot stand up."

Jean lives in Cleveland Avenue, on the Fairhope Estate, Salford, with her husband Michael, 55, who suffers from Crohn's disease, diabetes, and heart disease.

She has two daughters and a son and one grandchild.

Her daughter Cathy, 36, from Pendleton, added: "When we went to the second appeal meeting we couldn't believe the way they brushed the petition aside.

"They were were just hiding behind words and trying to justify the unjustifiable."

Salford MP Hazel Blears said: "My heart goes out to Jean and her family - and to anyone who is suffering in a similar fashion.

"It is not for me to comment on the PCT’s decision, but I did advise the family to seek legal advice.

"She was not represented at the second appeal, as I think she should have been."

Sutent is routinely available in Liverpool and Cheshire and has doubled the life expectancy of sufferers.

Jean Murphy’s appeal has been backed by her GP Owain Thomas, and also by her consultant Professor Robert Hawkins, from Christie Hospital.

Prof Hawkins was involved in the treatment of Factory Records boss Tony Wilson, who was also refused the drug but managed to buy it privately after celebrity pals stumped up the cash.

A spokesperson for Salford PCT said: "Salford PCT considered the petition at a meeting of the process review panel on May 15.

"That panel upheld a previous decision to decline funding for Sutent for Mrs Murphy.

"As Mrs Murphy has instigated legal proceedings against the PCT, we do not feel in a position to comment any further."