KEY POINTS:
Eight breast cancer patients dubbed the "Herceptin Heroines" have succeeded in securing a High Court order for Pharmac to reconsider its decision not to fund 12-month courses on the cancer-fighting drug.
In 2006 the government drug-buying agency decided against spending up to $30 million a year for the 12-month Herceptin programme for women with the aggressive HER2 positive form of breast cancer.
It instead allocated $5m a year to allow suitable patients to undergo a nine-week course.
Pharmac also decided to budget $3.2 million towards participating in an international short-or-long-duration (SOLD) trial of Herceptin and has begun making payments.
The decision left women who sought the 12-month course to fund it out of their own pockets, at a cost of around $70,000 to $100,000 each.
The "Heroines" banded together and, with lawyer Helen Cull QC, approached the High Court to have both decisions quashed.
They also sought to reverse the decision not to make special funding available for their own treatment.
Justice Warwick Gendall agreed with the women's claim that Pharmac had not undertaken proper consultation before rejecting the 12-month programme.
His judgment, released today, directed Pharmac to reconsider that decision after conducting full and open consultation with "those who have a legitimate interest in the ultimate decision".
As Pharmac had already done extensive research while contemplating the nine-week trial, the consultation "should be undertaken with speed," Justice Gendall said.
However, he warned the outcome may be "precisely the same".
The women's request to have the nine-week courses blocked was denied.
If they had succeeded it would have affected women now receiving state-funded Herceptin, as well as New Zealand's participation in the international SOLD trial.
In a second blow to the "Heroines", Justice Gendall said the reconsideration of the 12-month trial need not ignore the fact that a nine-week course was already on offer.
Their request to have Pharmac make special funding available for their own treatment was also denied.
Although, if Pharmac were to reverse its decision and begin funding the 12-month courses the door would be open for the eight to apply for compensation.
National Party associate health spokeswoman Jackie Blue said the court decision was a "well deserved slap in the face" for Pharmac.
Dr Blue, a former breast physician, said she was pleased the agency was being held to account for failing to consult properly.
"In my opinion the decision to fund nine weeks was not based on the best evidence available and it put Kiwi women in the position of being human guinea pigs for a largely unproven regime," she said.
"Almost every cancer specialist who wrote to Pharmac said `don't do it'."
She called on Health Minister David Cunliffe to "make good on the broken promise that he will give proper weight to the views of cancer specialists".
- NZPA
