KEY POINTS:
Eight breast cancer survivors have been back in the High Court in Wellington to challenge Pharmac's decision over the funding of the drug Herceptin.
The women are questioning the drug-buying agency's decision to fund Herceptin for just nine weeks instead of a full year for woman with Her2-positive cancer.
Helen Cull QC sought and received access to records of minutes of the committee containing commercially sensitive information on drug prices, but Justice Warwick Gendall said it was to be provided only to the lawyers and not their clients.
If any courtroom discussions was required on these prices, it would be done without parties, press or the public present, he said.
Ms Cull said her clients had already been in treatment when Pharmac decided in May 2007 to pay for nine-week courses of Herceptin, in appropriate cases, but had failed to have their medication funded retrospectively.
At least four of the group had been advised to have a full year course of Herceptin, and they had funded that privately.
They paid between $90,000 and $120,000 each, although some suppliers quoted prices up to $190,000.
Herceptin Heroines spokeswoman Chris Walsh earlier said the lives of thousands of people depended on the decisions Pharmac made.
"We're becoming increasingly concerned about the processes Pharmac follows and the lack of clarity and transparency around its decision-making."
Funding for the nine-week course of the drug began on July 1 last year.
Pharmac and district health boards said 350 women each year would benefit from the treatment for the aggressive type of cancer.
Ms Walsh said her group had sought a judicial review because it was concerned at how Pharmac had managed the advice it had received about Herceptin.
"Twenty-four other OECD countries now fund the proven and recommended Herceptin treatment regime of 12 months.
"We think it's time Pharmac was asked to explain why it won't give us the same."
Ms Walsh said many women were taking the nine-week course and then fundraising to pay for as many extra treatments as they could.
Pharmac has remained adamant that the nine-week Herceptin course offers comparable results to longer treatments, at a much reduced cost.
The health benefits offered over the 12-month course do not justify the $25 million-a-year cost, Pharmac has said.
It says doubts have been raised about the long-term efficacy of the 12-month course and it will stick with the nine-week regime until the issues surrounding optimal treatment time have been cleared up.
The case, in the High Court at Wellington, is expected to last a week.
- NZPA / NEWSTALK ZB
