TWENTY-FOUR hours after a cancer victim won a High Court victory over access to new drugs, the same lawyers have turned their fire on North-East health bosses.

Solicitors representing Darlington mother-of-five Pamela Smith have written to primary care chiefs in the region calling on them to reverse their decision which stopped her consultant from prescribing the new drug, Erbitux, on the NHS.

It follows Wednesday's ruling by Mr Justice Mitting, in London's High Court, that the decision by Barking and Dagenham Primary Care Trust not to pay for a new bowel cancer drug, called Avastin, for patient Victoria Otley, was "flawed and irrational".

Crucially, the judge ruled that the NHS trust panel failed adequately to take into account her "slim but important" chances of surviving more than a few months if she received treatment with Avastin.

Along with other drugs, Avastin had been shown to be partially effective after she spent £15,000 on private treatment.

The result was hailed as a breakthrough by Bowel Cancer UK, which is backing bowel cancer patients across Britain who have been unable to get new drugs on the NHS.

It also triggered action by the family of Mrs Smith, 62, who has had to pay £28,000 to obtain six cycles of Erbitux.

The Barking-based firm of Sternberg Reed sent a letter today to Darlington Primary Care Trust (PCT) and County Durham Primary Care Trust on behalf of Mrs Smith.

The letters draw the PCTs' attention to Wednesday's High Court decision and call on officials to reverse their decision and pay for Mr Smith's treatment.

If North-East health bosses continue to deny Mrs Smith access to Erbitux, the family's lawyers are threatening to take the PCTs to the High Court.

Across the UK, PCTs have turned down applications by cancer patients on the grounds that the often expensive new generation of drugs are not cost effective enough to justify NHS funding.

But the judge's ruling that not enough weight has been given to the possibility of extending patients' lives has given new hope to cancer patients who have been refused treatment.

Colin Smith, Mrs Smith's son, said: "The court case is a major breakthrough.

"A precedent has been set by the Victoria Otley case and we are very hopeful it will help our mother get the treatment she needs."

Mr Smith said he felt joy when he heard of the judge's ruling.

He said he hoped the judgement could help other cancer patients who are being denied access to new drugs commonly used in Europe and the US.

Ian Beaumont, spokesman for Bowel Cancer UK, said: "We hope that other primary care trusts will take note of this decision and think twice before denying bowel cancer patients treatments that can help them live longer and better lives.

"We also hope that Nice (National Institute for Health and Clinical Excellence) and other bodies will take greater account of the efficacy of treatments when making decisions about their availability on the NHS."

Pat Hanlon, a trustee with the Kidney Cancer UK charity, said: "We are all encouraged by this ruling.

"We feel there are very close parallels with kidney cancer patients who have been refused new drugs."

Last month, Darlington PCT officials accepted advice from Nice that Erbitux was not cost-effective and turned down the request for funding.

The trust's medical director, Dr Hilton Dixon, told the family that the board had taken into account any exceptional circumstances and the clinical effectiveness of the drug. He also said the decision had been made on the available evidence.