Dying cancer patient Martyn Sumner was last night left devastated after health officials turned down his latest pleas for a life-extending drug.
Mr Sumner is suffering from terminal kidney cancer and wants Oxfordshire Primary Care Trust to prescribe him Sunitinib, a £2,500-a-month drug which could prolong his life.
It turned down the GP practice manager, who has been given 10 months to live and is currently very ill at the city's Sobell House, after ruling he was not an exceptional case for the treatment.
Mr Sumner appealed but yesterday learned that too had failed.
His wife Janet, a 49-year-old diabetes nurse, said the family, of Bertie Road, Cumnor Hill, would now fight all the way to the High Court and Europe.
Other PCTs allow patients to have the drug, meaning there is a postcode lottery for treatment.
Mrs Sumner said: "We're very upset and devastated with the decision.
"The PCT maintains its position in declining the medication. We're all shocked as they continue their arrogance in ignoring the arguments put forward.
"It's especially hurtful when their prescribing budget is under spent by more than £1m. Surely the money should be spent on helping Oxfordshire patients?
"Many other parts of the country have agreed to fund Sunitinib as first line treatment."
Mr Sumner, 52, was diagnosed with kidney cancer in October after doctors discovered a tumour the size of a cricket ball.
Surgeons' attempts to cut out the diseased tissue were unsuccessful because the illness had spread to his liver and spine.
His clinicians at the Churchill Hospital said Sunitinib was the single treatment available, as his condition is not appropriate for the only other option, a powerful form of chemotherapy.
His initial request was declined by the PCT's Treatment Review Panel in December, and turned down again by the Case Review Committee at Thursday's appeal.
Mrs Sumner said: "I'm incredibly distressed with the line the PCT is taking not to give Martyn a chance to prolong his life with us. He is currently having radiotherapy treatment for his pain.
"It seems so cruel to force ill and vulnerable patients and their families to go through this unyielding process.
"We'll continue to fight for his right to the only treatment available in this country. We have no intention of giving up and will go to the European Court if necessary."
Kate Spall, of the postcode lottery campaign group Pamela Northcott Fund, helped the Sumner family with their appeal, and has offered to assist them with legal action against the PCT.
She said: "The cost of all the people's time to discuss Martyn's case would probably have paid for his treatment."
Oxfordshire PCT would not comment, claiming it could not give out information without patient consent, despite making comments in the past about other patients who had won their appeals.
What is an exceptional case?
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Oxfordshire Primary Care Trust has a Priorities Forum which sets down criteria for the use of high-cost drugs and therapies.
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In some instances, a treatment will be completely banned, forcing patients who want it to appeal.
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The review panel must decide whether a patient's case is exceptional, in terms of the type of illness they have, their age, the likelihood of the treatment working, and clinical criteria.
- They will not explain in advance what makes an exceptional case
The Sunitinib Battle:
Sunitinib prevents new cancer cells from growing while restricting oxygen to any existing tumour.
Research shows the disease is stabilised in a third of patients using the medication.
Although licensed for use in the UK, the National Institute for Clinical Excellence is only expected to make a policy on its use next year.
Out of 152 PCTs, 27 allow patients to take the drug with 10 more expected to do so by April.
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