Royal Liverpool nurse refused life-saving cancer drug

Dec 20 2007 By Carl Butler

A ROYAL Liverpool Hospital nurse is planning legal action against health service officials who are re- fusing to pay for her anti-cancer drug.

Mother-of-two Jane Humphreys, a 43-year-old specialist cancer nurse, has bowel cancer which has spread to her liver and lungs.

Tomorrow, (Fri) Mrs Humphreys, who works at the Royal as an oncology nurse, starts a new course of chemotherapy.

But, if that is not successful, the drug, Cetuximab, which she has been refused by funding chiefs, could be the difference between life and death.

Health Commission Wales, which is responsible for her home in Mold, will not approve it because it has not been approved by the National Instit- ute for Clinical Excellence (NICE).

Mrs Humphreys – who also cares for husband Mark, 50, who is registered blind and disabled – said: “They are using that as a blanket excuse. It is not approved for general use but it can be in special circumstances and I have a very strong case which they appear to have ignored.”

She has written to the Welsh Assembly and First Minister Rhodri Morgan, but had no success.

Mrs Humphreys, 43, was diagnosed with bowel cancer in October, 2004, after 10 months of being misdiagnosed, and within days found out it had spread to her liver and lungs.

She has had one bowel operation, three liver operations, one lung operation, two lots of radiotherapy to her lungs and is about to start her fourth round of chemotherapy.

Daughter Rhiannon, 19, and son Alan, 15, have been stressed seeing their mother cope with her illness and so too has her husband, whose independence is linked to Jane being able to care for him.

Despite her illness, she considers herself “young and fit” and continues working full- time at the Royal Liverpool.

“Friday will be the start of my fourth chemo and I have been responsive to the treatment, but the tumours can become resistant and then the only course of action might be Cetuximab.”

She has considered paying for the drug herself with friends and family offering to help financially. But if she does that she will lose the right to any NHS cancer treatment.

“I understand this drug is not suitable for everyone, but I am a young woman. With this drug you know very early on if it’s working because you get a terrible rash. There is very little to lose financially from trying it, it is not expensive. “It’s not fair, my oncologist thinks I have every opportunity of benefiting from it.” Her appeal to use the drug is also backed by her GP.

“It’s unlikely I will ever be cured. Basically my consultant says it’s like treating weeds, you have to keep on top of it.

“Bowel Cancer UK have handed the case to a team of lawyers to show this breaches my human rights,” said Jane, who has been a nurse for 25 years, and is full of praise for the NHS treatment she has received.

Ian Beaumont of Bowel Cancer UK charity, which is supporting a judicial review, said: “We work with a number of patients in Jane’s position, where doctors have said they could be helped by the drug.

“A patient has the right to appeal, but in Jane’s case HCW went ahead with the appeal without representation from Jane or anyone else. We have lawyers seeking redress to make a proper appeal.

“This poor lady is stuck in the middle of a bureaucratic nightmare.”

A HCW spokesman said: “We are unable to comment on individual cases.”

“However, NICE guidance on Cetuximab was published in January, 2007 and it recommended that Cetuximab should not be used.”

“Advice on this drug is governed by the All Wales Medicine Strategy Group (AWMSG) and NICE guidance, and as such all decisions made by Health Commission Wales follow this guidance.”