Sarah-Kate Templeton, Health Editor
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A cancer patient sent home to die by the National Health Service has seen his health improve after he cashed in his pension and used funds raised by friends to pay privately for an expensive drug.
Andrew Crabb, 49, a father of three from Abingdon, Oxfordshire, was told by doctors in October that there was no treatment available on the NHS for his advanced kidney cancer. His wife Diane, 57, was told that he had months to live.
The couple refused to accept the death sentence and have raised enough money to pay for the drug Sutent, at a cost of about £3,000 a month. Oxford Radcliffe Hospitals NHS Trust has agreed to allow Crabb, a former bricklayer who has nine grandchildren, to pay for the medicine privately while continuing to receive NHS care.
The hospital is one of at least six trusts in England and Wales which are ignoring government guidance that patients who pay for drugs privately must forfeit NHS treatment.
Alan Johnson, the health secretary, claimed that the arrangement, known as “top up” or “co-payment”, creates a two-tier health service. But he has been forced to order an inquiry into the ban after a revolt by the medical establishment, which is outraged that NHS cancer patients are being turned away after paying privately for drugs recommended by doctors.
Nottingham University Hospitals NHS Trust, ABM University NHS Trust in Bridgend, the University Hospital Birmingham NHS Foundation Trust, Weston Area Health NHS Trust in Somerset and the Royal Marsden NHS Foundation Trust in London have also allowed some of their patients to pay for drugs privately.
If Crabb was forced to pay for all his care, including scans, consultants’ appointments, nursing care and blood tests, his bills could double.
This weekend his wife, who works part-time as a sales assistant, revealed how she had refused to accept the NHS advice. “They said there was nothing they could do,” she recalled.
“I just begged the doctor. I said, ‘You are not telling me that there is not a drug available for my husband?’
“I told her that my sister was diagnosed with cancer 10 years ago and she is still here. I was begging her to find a drug.”
Crabb has Sutent delivered to his house by a private firm, Healthcare at Home, while he continues to be treated by doctors at Churchill hospital, part of Oxford Radcliffe Hospitals NHS Trust. He is halfway through his second six-week course of the drug and doctors have observed an improvement in his condition.
Diane Crabb said: “Everything has continued within the NHS except the Sutent. There has been a vast improvement in my husband. He is walking into town, which he couldn’t do before. One day he walked for 4½ hours.”
As Crabb can no longer work, the couple have cashed in two pensions to help to pay for their living costs, while the drug is being funded by donations from friends and family.
“One of my husband’s friends started the fundraising and it just escalated,” said Diane Crabb. “A friend of Andrew’s mum and dad gave £2,000. An old lady stopped Andrew’s mum in the street and gave £5. She said, ‘That’s all I can afford’.”
Karol Sikora, an oncologist at Hammersmith hospital in west London and medical director of CancerPartnersUK, a private cancer treatment company, said: “It is outrageous that this patient was sent home to die. His ability to top up his care by sacrificing his pension to buy the drug is a scandalous reflection of our times, but may save his life.”
Baroness Ilora Finlay, president of the Royal Society of Medicine, said doctors should tell patients about private drugs from which they could potentially benefit, even if the cost appeared prohibitive.
Last week Johnson promised to tackle the cancer drug “postcode lottery” by ordering the government’s rationing body, the National Institute for Health and Clinical Excellence (Nice) to speed up its assessments of whether new drugs should be funded by the NHS.
He also reiterated that patients have a right to drugs once they have been approved for prescription on the NHS.
Nice has yet to decide whether Sutent should be funded. However, some NHS trusts have already chosen to offer it to patients, which campaigners believe makes a mockery of government promises.
The Sunday Times has been campaigning on behalf of cancer patients who have had their NHS care withdrawn because they have chosen to pay for private drugs recommended by their doctor.
A spokesman for Oxford Radcliffe Hospitals NHS Trust said: “We would have no reason to withhold treatment if a patient purchases other drugs from outside the NHS.”

Read other articles in the Sunday Times campaign to highlight the plight of cancer patients denied NHS care if they pay privately for a top up medicine:
Cancer pair win right for top-up drugs
Banned cancer drugs better than NHS ones
‘We’ve paid into the system all our lives. Why has the NHS turned on us?’
Cancer victim told to pay for his own drugs by NHS
Doctors for Reform fight NHS order to halt cancer care
Fighting cancer and the ‘unjust’ health service
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Were we celebrating 60 years of the NHS ,OR the death of the NHS ?. I dread to think what the NHS will be like in say 10 years time. What we will have perhaps is all the rich people, including MP's who have sponged so much from the taxpayers, in privcate hospitals getting all the latest drugs .
Kevin, London, UK
I also have kidney cancer. Same PCT in Oxford won't fund Sutent. I have a long history of blood and platelet donation to the NHS and have undertaken years of voluntary charity work and paid a lifetime of taxes. Why should we pay health minister Ann Keen's insurance premiums? It's time to fight!
Clive Stone, Witney, UK
This is our National Health Service that we are always told is so wonderful. In practice, it is dominated by politicians' whims. With education and health, the government should stop interfering and merely fund the people who could choose what they wanted. Things would soon improve.
George, Bolton, England
The new kidney cancer drugs like Sutent and Nexavar are not cures, but they can extend a patient's life by months to years. The thought is that these patients can be kept 'healthy' enough in the meantime while the search for a true cure continues. Hopefully the NHS will change their stance on this.
Terri Skeoch, Cambria, California, USA
We already top up care for various conditions with cheap over the counter drugs. This doesn't bar us from NHS treatment. So how can the double standard over expensive anti-cancer drugs be legal?
Bob, Southampton, UK
I thought this type of thing only happened in Third World countries.
Helene, Bristol,
My life has been shattered by poor NHS care. I must agree totally with Graham. We are their patients, and have no real freedom of choice and are the last to know about our own conditions. I have no faith in the NHS and am now treated in Italy.
Matt, Naples, Italy
The NHS is not "our" service. We are "their" patients. Accountability, whats that?? Why are patients being told that they've terminal cancer, when given the right medication they can beat cancer? Our doctors are lying to us and trust has been shattered. This is what we get for our Tax!
Graham, St. Albans, uk
It is unbelievable that this is happening, if a woman has IVF privately, she can then have her baby under the NHS. So surely in a life or death situation they cannot refuse to treat someone that has no choice but to pay for their treatment.
Diana , sevenoaks,
This tells you all there is to know about Labour - New or Old. For them public services aren't there to serve the public but to create jobs for their union friends and make the public serve their rotten ideology - spreading misery equally.
Eddie Reader, birmingham, england
Any NHS trust that refuses treatment purely on cost should be charged with causing death by negligence when a patient dies. The NHS is paid for by us, the tax-payer and therefore should be available to us when we need it.
derek, east yorkshire,
The post code lottery symptomatic of the collapsing NHS in its regionalised & devolved irresponsibility is surely unacceptable as it is clearly practicing EUthenasia - meanwhile we hear from Baroness Gardiner Hansard HoL that the NHS spent upto £300M on tattoo removal in ONE year!
Greg LANCE-WATKINS, Chepstow, Britain
This is so much like our medicare here in America. They tell you something then hold it against you. Found that most drugs don't work anyway. There is a cancer drug that cost about 100,000$ a year and it only helps for about 2 -3 months.
Maxie, CAYCE, AMERICA