Cancer: Woman goes to court over NHS surgery refusal

The case is being heard at the Cardiff Civil and Family Justice Centre

A woman with a rare form of cancer has taken health bosses to court after they twice decided not to pay for surgery.

Maria Wallpott, 50, from Caerphilly, was diagnosed with stage four appendix cancer in April, which has since spread to her ovaries.

Despite NHS doctors recommending a type of invasive treatment, a medical panel refused funding.

The panel maintained Ms Wallpott does not meet the criteria and it does not see how surgery would benefit her.

The procedure, which costs £73,000 and is said to result in patients having a 40% chance of surviving for five years, is available to patients in England, Scotland and Northern Ireland, but only granted in exceptional circumstances in Wales.

• Bereaved parents continue cancer treatment fight

• Mum 'so scared' of losing daughter, 8, to cancer

Her legal team told the High Court in Cardiff the decision by the Aneurin Bevan health board and Welsh Health Specialist Services Committee (WHSSC) was unlawful and should be overturned.

The responsibility of the decision lies with the Individual Patients Funding Requests (IPFR) panel, which said she did not meet the criteria.

'The difference between life or death'

Vikram Sachdeva, representing Ms Wallpott, told the court: "I don't want to be unrealistic here - they [the panel] have the hardest job you can imagine.

"On the other hand, patients are entitled to a lawful decision-making process, especially when these decisions could mean the difference between life or death."

Mr Sachdeva said his client had, some time before her diagnosis, received a scan which showed the possible presence of malignant cancer, but it was not followed up.

Despite the late stage of the cancer, doctors believe there is a good chance of removing a large amount of the tumour, he added.

'Victim of an NHS postcode lottery'

Before the hearing, Ms Wallpott said she found the panel's judgement "incredibly difficult to understand".

"I feel like I'm the victim of an NHS postcode lottery," she said.

"It's devastating to know that if I lived in England, rather than Wales, I would be able to receive the surgery without having to go through all this.

"My NHS doctors and nurses have been lovely, but I was distraught by the news that the panel and hospital management have overruled them.

"All I want is to be given the best chance possible at surviving this."

The case is being heard in front of Mrs Justice Steyn over two days at Cardiff Civil and Family Justice Centre.