Breast cancer patient Ann Marie Rogers won her legal battle for NHS treatment with the drug Herceptin. Herceptin has been licensed and approved so far only for late-stage HER2 positive breast cancer and her cancer is in the early stage.



Healthcare lawyers were quick to point out that the ruling does not open the way for every woman who could benefit from Herceptin to demand free treatment.



Nice, the body which regulates a drug’s clinical and cost effectiveness, can approve its use for HER-2 positive early stage breast cancer. If that happens it will be standard practice to prescribe it.



Around 5,000 of the 41,000 women who contract breast cancer each year will be suitable for treatment at an annual cost of around £122m. Its manufacturer Roche applied to extend the drug’s use to the early stages of the disease in February.



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