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Cancer patient demands 60,000 pound refund
The first cancer victim to demand a refund after paying for "top-up" drugs is taking his fight to court.
- By Anna Davis, Evening Standard
- Published: 23:40 November 18, 2008
London: The first cancer victim to demand a refund after paying for "top-up" drugs is taking his fight to court.
Michael Porter wants the £60,000 (Dh327,105) he spent on life-extending medication and treatment returned to him.
It follows the U-turn by ministers which allows NHS patients to pay extra for private treatment without losing their free NHS care. Porter's case could set a precedent for thousands of patients who have funded treatment that would be free on the NHS under the new rules.
The 54-year-old, who has bowel cancer, used his life savings to pay for two courses of the drug Cetuximab because his primary care trust would not provide the cash.
Because he paid for the drug privately, he was forced to pay for some of his NHS care as well.
East and North Hertfordshire PCT has agreed to fund a third course of treatment, saying he is an "exceptional case" - but he is still £60,000 out of pocket. The electrician from Cheshunt said: "They didn't refuse all my NHS services but I had to pay for some, as well as the medication.
"I have used up all my savings and I am unable to work now. I was worried about what my wife would do if I died. With the credit crunch even paying fuel bills is a problem.
"We are surviving on what my wife is earning at her job in Tesco head office. After 35 years of working I thought I had financial security but I have used all my money. To me you fight illness. You get up in the morning and you breathe in and fight. I am not a person to give up."
Simon Swaffield, of Swaffields Solicitors, said: "We are trying to open the way legally for people like Michael to secure a return of money that they shouldn't have been asked for in the first place. He should never have been denied these drugs. Why should this man have been forced to use his life savings to keep himself alive?"
Swaffield said that rules on refunds had never been tested in court: "Some PCTs have reimbursed patients here and there, but they have never admitted liability and have just paid out to shut the patients up. It is a hotchpotch system. Once we have established this in court for one patient we can do it for everyone."
Swaffield has written to East and North Hertfordshire PCT demanding a refund within seven days. If the trust does not agree it will be taken to court, he said. "The more who do this the better - it could become a class action."
The PCT said it would not comment because of patient confidentiality.
Hospital crisis survival of the fittest
Patients in London are refusing to be treated in the worst hospitals, figures reveal. It comes as health experts warn that hospitals with too few patients will be starved of cash and forced to close.
Under government reforms, patients can choose to be treated at any hospital in the country.
As a result, 35 per cent of hospitals in London carried out fewer operations in the last year, the latest data shows. It puts them under severe financial pressure as they are paid according to the number of patients they treat.
Nick Bosanquet, professor of health policy at Imperial College, said: "This might seem harsh but it is a positive development. We could see more links and mergers between different hospitals in the future, which may not be a bad thing."
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