Several women have gone to court to establish their right to a drug that trials have shown can cut their risk of a recurrence of cancer by up to 50 per cent. Draft guidance was issued by NICE in June, but Newbury PCT said that it was a perverse interpretation of the data. Today’s ruling dismisses the PCT’s case and reiterates the advice that women should get the drug if they have the type of breast cancer against which it is effective, and their heart function is monitored.

Andrew Dillon, chief executive of NICE, said: “Our assessment of Herceptin shows that it is clinically and cost effective for women with HER2-positive early breast cancer. The guidance has been issued rapidly to ensure consistent use across the NHS.”

Newbury PCT said that it had wanted NICE to consider whether shorter courses of Herceptin could be as effective as the 12 months recommended. The PCT also raised questions about exactly who should be chosen for treatment.

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