VICTIMS of asbestos-related cancer who cannot receive a new drug on the NHS have forced their former employers to pay for treatment.

The success of two North-East victims of mesothelioma in securing out-of-court settlements paves the way for more patients to receive the life-extending chemotherapy drug Alimta.

Frustrated at the failure of the NHS to pay the £24,000-a-course costs, terminally-ill mesothelioma patients have resorted to legal action to pay for Alimta.

Now the two men, who have asked to remain anonymous, can have Alimta privately.

Caused by inhaling asbestos fragments, mesothelioma is a terminal illness and one of the UK's fastest growing cancers.

Alimta was created by a team at Newcastle University, led by Professor Hilary Calvert, and developed by the drug firm Eli Lilly.

Although the drug is fully licensed and is being prescribed by cancer specialists across Europe and the US, very few NHS patients in England are being given Alimta.

Yesterday, North-East law firm Thompsons revealed that they have secured the first two out-of-court settlements, which have a built-in component to pay for treatment with Alimta.

Ian McFall, head of asbestos litigation at Thompsons' Newcastle office, said he believed the move was unprecedented and would lead to further action.

One of the main obstacles to Alimta becoming more widely available on the NHS is the fact that the drug has not been assessed by the National Institute for Health and Clinical Excellence (Nice).

The body, set up by the Government to evaluate and approve new drugs for the NHS, is not due to deliver its verdict on Alimta until October next year.

A spokeswoman said: "Nice is now in discussion with the Department of Health over proposals for a revised process allowing more rapid appraisal of important new drugs and health technologies."