KEY POINTS:
Pharmac today welcomed a High Court decision turning down an application for interim relief from eight women seeking funding for the breast cancer drug Herceptin.
Pharmac acting chief executive Matthew Brougham said a further hearing would now be held regarding a wider claim by the women.
Pharmac, the government's drug funding agency, is subsidising Herceptin treatment for nine weeks but the women want it for 12 months.
"We are pleased with the outcome of this interim orders hearing," he said.
The women in the court case are funding their own Herceptin treatment.
In March they applied for Pharmac funding of their treatment under a Cancer Exceptional Circumstances policy and procedures operated by Pharmac and were knocked back.
Under this framework patients can get access to drugs not covered by Pharmac's schedule.
They appealed and were again turned down.
Today's judgment said that for the High Court to grant interim relief on an application for judicial review it must be of the opinion that the order is needed to preserve the position of the applicant.
The women were receiving Herceptin treatment for early stage breast cancer and "the position which should be preserved is that each should continue to receive that treatment".
Justice Alan Mackenzie preferred Pharmac's position that as none of the women was receiving public funding there was no position to preserve under the law.
Mr Brougham said Pharmac sympathised with the circumstances of the women and respected their right to seek a judicial review.
The wider claim still to be heard related to Pharmac's decision to subsidise nine weeks of Herceptin.
- NZPA
