Dying man wins cancer drug fight

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Judge Simon Grenfell sitting in London, allowed a desperate "end of the road" legal challenge by 55-year-old Colin Ross to West Sussex Primary Care Trust's refusal to fund treatment with the new drug Revlimid.

The judge described the refusal as "logically flawed" and unlawful and ordered that, because he was so ill, Mr Ross should start receiving treatment at the Royal Marsden Hospital in London on Thursday.

The trust is considering whether to appeal the ruling. If an appeal is successful it could threaten further treatment.

The court had heard that if Mr Ross, from Horsham, West Sussex, had been living in East Sussex, he would have received the drug.

It is also funded by other trusts in other parts of England as well as Scotland.

Exhausted by his illness and his legal battle, Mr Ross could not attend the High Court judgment in London himself to hear the extraordinary ruling, which could dramatically effect similar "post code lottery" cases across the country.

His solicitor Yogi Amin, a partner in Irwin Mitchell's Public Law team, visited him as he lay in bed at a nearby hotel and stated later: "Mr Ross said he is extremely delighted.

"He has got everything he fought for - he just hopes it is not all too late."

In a statement, West Sussex PCT said: "There are some difficult and complex issues which the judge has asked us to review and we will now consider the full impact of his judgment."