Women back in court demanding a change of stance by the drug agency PHARMAC, over the drug Herceptin

11 February 2008
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.

They 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.

The Breast Cancer Aotearoa Coalition says thousands of lives depends on decisions made by PHARMAC, and women are becoming increasingly concerned about the way it reaches some decisions. They say the purpose of the Judicial Review is to find out how PHARMAC managed the advice it received about Herceptin and how its actions stacked up against its responsibilities.

Twenty-four OECD countries now fund the recommended 12-month treatment of Herceptin. The eight plaintiffs want PHARMAC to explain why it does not. They say it is out on a limb on its own.

The coalition is also concerned that future patients may find themselves in a similar situation. It says there are a large number of other new therapies on the horizon, and it would be unacceptable for another group of patients to go through the same issues, delays and inconsistencies women wanting the Herceptin treatment have endured.

This morning Justice Gendall granted their request for disclosure of documents the defence argued were commercially sensitive.

The case is expected to last a week.