Eight breast cancer patients dubbed the "Herceptin Heroines" have failed to persuade the High Court to overturn Pharmac funding decisions for the cancer-fighting drug.
But Justice Warwick Gendall left the women some hope in a decision released today, saying the Government drug-buying agency should reconsider its decision notto provide Herceptin funding for 12 months.
In 2006, Pharmac decided not to spend up to $30 million a year to fund 12 months of Herceptin treatment for those with aggressive early breast cancer, deciding instead spend $5m a year on a nine-week courses for suitable patients.
That decision meant the "Heroines" had to fund their own cancer drug costs, prompting court action challenging Pharmac's decision to fund the nine-week course, rather than the full year's course.
The eight women - who missed out on government funding of their own Herceptin treatments - asked the High Court at Wellington to quash both decisions, and to reverse the decision not to make special funding available for their own treatment.
Justice Gendall declined to reverse Pharmac decisions on the nine-week course, or special funding.
If the women had succeeded in blocking the funding of nine-week courses, it would have affected women now receiving state-funded Herceptin, as well as plans to participate in an international clinical trial comparing the long and short duration treatments, which both follow breast surgery.
During the trial Justice Gendall questioned the legal standing of the eight plaintiffs to stop a trial in which they were not participating.
Pharmac had told the court the move to fund nine-week treatments of Herceptin was properly done, with adequate consultation.
If the court quashed that decision "that would immediately end subsidised Herceptin for a large number of women in New Zealand", Pharmac said.
Pharmac's decision-making processes had been both exhaustive and comprehensive, its lawyer said during the trial.
