I have been diagnosed with breast cancer. I asked for Herceptin but was refused it, can my doctor do this?

 

15. I have been diagnosed with breast cancer. I asked for Herceptin but was refused it, can my doctor do this?

I have just been diagnosed with breast cancer. I asked for the ‘wonder drug’ Herceptin but my doctor told me it wasn’t right for me. I want the drug as I have heard it is the best drug for breast cancer. Can my doctor refuse to give me it?

This drug has recently received much press interest as it has been given to some women and not to others. The reasons for this are numerous and I will explain some of these below.

Herceptin has not yet been licensed or approved by the EMEA (European Agency for the Evaluation of Medicinal Products) for use in women with early stage breast cancer – it has only been licensed for advanced stage cancer. This is because the manufacturer of the drug, Roche, has not yet submitted an application for a licence. 

NICE (National Institute for Clinical Excellence who evaluate new treatments’ cost effectiveness) say they will fast track its appraisal of Herceptin once the licence has been given.

The drug therefore has to be approved by both EMEA and NICE before it can be prescribed on the NHS – these procedures should ensure that it is both safe and effective.

Herceptin can only treat a particular form of breast cancer and only about a quarter of all breast cancer patients have this type of cancer.  

Added to this is the scientific debate, which is still ongoing, as to its effectiveness on a long term basis for early stage breast cancer.

Because of all of this, each Primary Care Trust must decide its own policy as to whether it wishes to refuse to prescribe Herceptin or prescribe ‘off-licence’. Prescription off licence can be given provided  the patient is aware of all the risks involved and understands the drug has not yet been approved by EMEA and NICE.

In your case, you will need to find out from your doctor why he does not think Herceptin is suitable for you and what the prescribing policy is for off licence drugs. We can then assess whether you have been treated fairly.