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Cancer patient fails in court bid for pioneering treatment | Cancer patient fails in court bid for pioneering treatment |
(about 17 hours later) | |
A cancer patient has told the BBC that pioneering radiotherapy treatment could help him see his young son grow up. | A cancer patient has told the BBC that pioneering radiotherapy treatment could help him see his young son grow up. |
Belfast man Brian Withers has failed to overturn the decision that he should instead receive palliative chemotherapy for a tumour in his chest. | Belfast man Brian Withers has failed to overturn the decision that he should instead receive palliative chemotherapy for a tumour in his chest. |
Mr Withers told Radio Ulster he hoped to live long enough to see his one-year-old go to school. | Mr Withers told Radio Ulster he hoped to live long enough to see his one-year-old go to school. |
At the High Court, Mr Justice Treacy held that the opinion of an expert panel should not be interfered with. | At the High Court, Mr Justice Treacy held that the opinion of an expert panel should not be interfered with. |
He refused Mr Withers leave to seek a judicial review. | He refused Mr Withers leave to seek a judicial review. |
The 60-year-old is now pinning his hopes for survival on gaining a referral from a clinical oncologist. | The 60-year-old is now pinning his hopes for survival on gaining a referral from a clinical oncologist. |
"I really don't know what the future holds for me," he told Evening Extra. | "I really don't know what the future holds for me," he told Evening Extra. |
"The tumour in my chest needs more treatment. | "The tumour in my chest needs more treatment. |
"I have a young child. I would like to see my child reach education, see him through school, possibly see him as far as university. | "I have a young child. I would like to see my child reach education, see him through school, possibly see him as far as university. |
"I know that is quite a few years in front of me but I have all that to look forward to. | "I know that is quite a few years in front of me but I have all that to look forward to. |
"I have a brother who is a doctor and all his fours sons are qualified doctors in various fields so I would like my son to make it that far." | "I have a brother who is a doctor and all his fours sons are qualified doctors in various fields so I would like my son to make it that far." |
Mr Withers, who quit work in banking and financial services due to ill-health, was seeking funding for Stereotactic Body Radiotherapy (SBRT), a method currently unavailable in Northern Ireland. | Mr Withers, who quit work in banking and financial services due to ill-health, was seeking funding for Stereotactic Body Radiotherapy (SBRT), a method currently unavailable in Northern Ireland. |
One of the means of delivering SBRT is the use of a specialist machine called the Cyberknife to target tumours which would be inoperable because of their close proximity to major organs. | |
Tumour | Tumour |
Mr Withers has already travelled to London to undergo the procedure, which works alongside traditional chemotherapy, on a separate abdominal tumour. | Mr Withers has already travelled to London to undergo the procedure, which works alongside traditional chemotherapy, on a separate abdominal tumour. |
He raised £30,000 through loans and donations for that radiotherapy and said his stomach area had just been given the all-clear. | He raised £30,000 through loans and donations for that radiotherapy and said his stomach area had just been given the all-clear. |
But despite the chemotherapy initially working to shrink another secondary cancer identified in his chest area, Mr Withers said it has now grown back. | But despite the chemotherapy initially working to shrink another secondary cancer identified in his chest area, Mr Withers said it has now grown back. |
With no charitable means left open, he wanted the Belfast Health and Social Care Trust to recommend financing another course of SBRT. | With no charitable means left open, he wanted the Belfast Health and Social Care Trust to recommend financing another course of SBRT. |
However, a multi-disciplinary team decided in May last year that palliative chemotherapy should be given to him. | However, a multi-disciplinary team decided in May last year that palliative chemotherapy should be given to him. |
Although his MP Naomi Long lobbied for the treatment, which would have cost another £20,000 plus consultants' fees, the trust confirmed its position last November. | Although his MP Naomi Long lobbied for the treatment, which would have cost another £20,000 plus consultants' fees, the trust confirmed its position last November. |
Death | Death |
In court on Monday counsel for Mr Withers, instructed by John J Rice & Co Solicitors, argued that the decision was irrational and breached his right to life under European law. | In court on Monday counsel for Mr Withers, instructed by John J Rice & Co Solicitors, argued that the decision was irrational and breached his right to life under European law. |
Barrister Michael Forde also claimed his client was not properly informed of an opportunity to seek funding. | Barrister Michael Forde also claimed his client was not properly informed of an opportunity to seek funding. |
It was further contended that a second opinion and recommendation of London-based NHS clinical oncologist Dr Andrew Gaye - an expert in the Cyberknife procedure - was not taken into consideration. | It was further contended that a second opinion and recommendation of London-based NHS clinical oncologist Dr Andrew Gaye - an expert in the Cyberknife procedure - was not taken into consideration. |
David Dunlop, for the trust, countered that the legal challenge should be rejected because it was not for the courts to decide on the judgment of medical experts. | David Dunlop, for the trust, countered that the legal challenge should be rejected because it was not for the courts to decide on the judgment of medical experts. |
Mr Justice Treacy agreed that the judicial review application must be dismissed, despite expressing sympathy for Mr Withers' condition. | Mr Justice Treacy agreed that the judicial review application must be dismissed, despite expressing sympathy for Mr Withers' condition. |
He pointed out that the trust still hold the view that palliative chemotherapy is the appropriate care. | He pointed out that the trust still hold the view that palliative chemotherapy is the appropriate care. |
Mr Withers said he was disappointed by the ruling. He now hopes to be referred for funding after meeting his clinical oncologist next week. | Mr Withers said he was disappointed by the ruling. He now hopes to be referred for funding after meeting his clinical oncologist next week. |
"It's now urgent. I don't want to be told in three or four months time 'Sorry, Brian, your chance has gone because the tumour has grown too big'." | "It's now urgent. I don't want to be told in three or four months time 'Sorry, Brian, your chance has gone because the tumour has grown too big'." |
"Dr Gaye told me I had infinitely more chance of life if I had this treatment. | "Dr Gaye told me I had infinitely more chance of life if I had this treatment. |
"He made me a guarantee that with the chemotherapy alone there's no future: in other words, death. | "He made me a guarantee that with the chemotherapy alone there's no future: in other words, death. |
"Dr Gaye was offering me the chance of life." | "Dr Gaye was offering me the chance of life." |