Cancer patient battles for funds

London: A dying cancer patient is going to court in a last-ditch fight for a drug that will prolong his life.

The move by bowel cancer sufferer Michael Porter is the latest challenge to the National Health Service (NHS) over top-up drugs. His public battle is set to pile pressure on the Government to reverse its ban on patients "topping up" their NHS care.

Patients cannot mix NHS care with private care, even with drugs not available on the NHS. Health Secretary Alan Johnson is expected to change the rules within weeks.

Porter's lawyers say he has been treated "immorally" and expect his High Court case to begin within days.

Porter, an electrician, and his wife Jenny have spent their £60,000 (Dh353,976.7) life savings on the drug Cetuximab which has kept him alive the last two years.

He was told that without the drug he had three months to live, but East and North Hertfordshire Primary Care Trust (PCT) refused to pay for it.

The treatment has been working but Porter has run out of money and is launching a court case to try to get the PCT to pay for his treatment.

Porter, 54, said: "It is so unjust that some PCTs are giving this drug out while others are not. I used the money I had saved for my retirement. If I hadn't had the money I would be dead. Once I paid for the drug I was forced to pay for everything else related to my treatment. I have been told that my tumours have started growing again, but I can't afford to pay any more."

Porter's lawyers will argue that his is an exceptional case because the drug has worked so well for him. Simon Swaffield, of Swaffields solicitors, added: "The PCT obviously wants people like Michael to go away and die because it is cheaper or it avoids them making a difficult decision. The way they have acted is immoral."

Porter, of Cheshunt, has been waiting to hear the results of his application for funding since June. Ian Beaumont of Bowel Cancer UK said: "The way PCTs make their decisions is against all principles of humanity. Michael is in the advanced stages of the disease and time is a factor for him."

"There is no transparency in the way PCTs are dealing with patients. They are making it up as they go along."

East and North Hertfordshire PCT told the Standard it would only fund the drug until Porter undergoes a treatment for tumours in his liver.

He would then have to reapply for more funding. A spokesman said: "Decisions on future treatments will be made at the time and not in advance."