Concern over the Court of Appeal ruling on Herceptin was reported today in the Health Service Journal.
A Judge at the Court of Appeal ruled last week that Swindon primary care trust had acted unlawfully in refusing to fund the cancer drug Herceptin to a local patient.
The NHS Confederation have expressed concerned over the 'complexity' of the ruling.
The Court suggested that the Primary Care Trust (PCT) should change its policy with regards to funding treatment from giving the drug only in 'exceptional circumstances' to making it more widely available, as the former was not supported by evidence about how distinctions were made.
The chief executive of the NHS Confederation said that the complexity of the judgement might cause uncertainty at local level could and affect the flexibility of local doctors and PCTs 'to make personalised judgements'.
The Court found the PCT's policy to only fund the drug in exceptional circumstances unlawful on the basis that it was not able to be proven to be completely rational.
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