Trust can’t withdraw treatment for tetraplegic woman even though insurer has promised a safety net in that event

BMJ 2010; 341 doi: (Published 02 November 2010) Cite this as: BMJ 2010;341:c6217
  1. Clare Dyer
  1. 1BMJ

A primary care trust acted unlawfully in trying to cut off a care package for a young woman with tetraplegia after she reached a settlement over her road traffic accident claim, the High Court has ruled in a test case closely watched by other trusts.

Judge Mark Pelling, sitting as a High Court judge in Manchester, said that the NHS Constitution guaranteed access for all, regardless of the ability to pay.

Alyson Booker, aged 19, settled her claim over the crash, which happened nearly 10 years ago, for a lump sum of £2.95m (€3.4m; $4.7m) and £247 500 a year, index linked, to …

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