Cancer patient would not benefit from surgery - health board

Ms Wallpott says she felt like the victim of "an NHS postcode lottery"

A woman with a rare form of cancer has "no case" for asking the NHS to pay for her potentially life-saving surgery, lawyers for her health board have said.

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.

"In the circumstances, there is no point," said David Locke QC.

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Mr Locke QC was acting on behalf of Aneurin Bevan University Health Board and the Welsh Health Specialist Services Committee (WHSSC) at the High Court in Cardiff.

"It's very sad for Ms Wallpott because effectively it removes hope, and I understand that," said Mr Locke.

"That's why it's so difficult for the panel."

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.

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

Mr Locke argued that the National Institute for Health and Care Excellence (NICE) guidance only goes as far as not to prohibit the procedure for certain patients because of the serious side effects and risk of death.

"It says it is unlikely to be curative and the survival rates are similar for people who do and don't have it," he said.

"In the circumstances, there is no point."

Vikram Sachdeva QC, representing Ms Wallpott, said Mr Locke had wrongly interpreted the NICE guidance and that the evidence showed the procedure could be effective in treating people with colorectal and ovarian cancer.

He reiterated how Ms Wallpott is young, fit and healthy in spite of the advanced stage of her cancer with doctors believing much of her tumours can be removed.

Mrs Justice Steyn, presiding over the case, will give her judgement on Friday.