Patricia Hewitt, the Health Secretary, today intervened after a health authority refused to prescribe the "wonder-drug" Herceptin to a mother-of-four with breast cancer.

Elaine Barber, 41, is claiming that North Stoke Primary Care Trust has breached her human rights by denying her the treatment and has lodged an urgent appeal to the High Court.

Ms Hewitt said that she was "very concerned" at the ruling and arranged an urgent meeting with the authority. Two weeks ago, the Health Secretary said that Herceptin should not be refused solely because of its cost.

If Ms Barber's case is successful, it could force all NHS hospitals to provide the drug, whose results against early-onset breast cancer were described as "stunning" in a respected medical journal last month.

"I need this drug to help me survive, without it I will die," said Ms Barber.

Ms Barber’s doctor recommended that she was treated with Herceptin soon after she was diagnosed with early stage Her2 cancer in August last year.

Twelve months later, North Stoke ruled that it would not fund the treatment saying that there was insufficient evidence supporting its efficiency. It delayed ruling on her subsequent appeal, saying that it was awaiting the results of more research.

In the absence of NHS funding, Ms Barber's family paid for her first two sessions. Her 69-year old mother, Eileen Johnson, took out a loan to help. But there is not enough money left to pay for the next dose, scheduled for Thursday.

If Ms Barber's treatment is delayed by more than five days, her doctor has warned that her health will suffer.

She said that she was "shattered" to receive a letter from the Trust today which repeated that it would not fund the treatment.

She said: "I cannot believe that my life is being measured in pounds. I intend to fight this decision and will take this battle to the High Court, not only for myself but also for the many other women who will die if this essential drug is not made available to women who need it."

The annoucement prompted Ms Hewitt to announce that the NHS should not refuse the treatment solely on cost grounds.

She said today: "I am very concerned by North Stoke PCT's decision and have urgently asked the PCT to show the Department their evidence. It conflicts with decisions made by other PCTs around the country.

"We have already arranged an urgent meeting with the PCT and SHA later this week to discuss their approach to funding Herceptin.

"I accept that some PCTs are already under financial pressure and may have to make difficult trade-offs in priorities to fund this new treatment for women who want it and whose clinicians want it for them. However, although that will not be easy, I believe it is the right thing to do, particularly as they will be managing it over two financial years."

Adam Whittaker, a spokesman for North Stoke PCT, said: "North Stoke PCT is aware of the very difficult position that patients with early Her2 positive breast cancer face."

He said that the Trust had carefully reviewed the clinical effectiveness of Herceptin and recognised that it has the potential to be a "significant" advance in treatment.

"At this stage, however, the evidence of this as a cost-effective use of the finite health resources available for North Stoke patients is not confirmed. It would therefore be premature to agree to introduce it as a routine treatment.

"To do so could seriously affect the availability of care to other patients, including those with other cancers."

Yogi Amin, who is representing Ms Barber, has applied to the High Court for an urgent hearing. He said: "This is devastating news. The case is with the High Court and we fully intend to ask the court to consider the case within the week.

"Elaine’s most basic right is the right to life. This decision is wrong in our view and will set a dangerous precedent which will cost lives."

Last month Dr John Toy of Cancer Research UK said that Herceptin had displayed "stunning" results in the treatment of early-onset breast cancer, and had the potential to revolutionise treatment, saving 1,500 lives a year in Britain.

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