Patient is to appeal High Court ruling on breast cancer drug

doi:10.1136/bmj.332.7539.443-c

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Clare Dyer, legal correspondent

A woman with early stage breast cancer is to appeal against a refusal by the High Court in London last week to order Swindon Primary Care Trust to pay for treatment with the mono-clonal antibody trastuzumab (Herceptin).

As Ann Marie Rogers prepared to make the appeal, the drug's maker, Roche, announced that it was applying to the European Medicines Agency for the drug to be licensed for the early stage of HER2 positive cancer.

Roche said its application was based on data from an international study involving 12 000 women showing that treatment with trastuzumab after standard …