A DOCTOR who was threatening legal action over a health trust's refusal to give her the life-saving breast cancer drug Herceptin was celebrating victory last night.

Northumberland Care Trust backed down and said it would pay for consultant radiologist Mary McElroy to receive the potentially life-changing drug, which costs £20,000 per treatment cycle.

The breakthrough led to a decision by the two cancer networks that advise North-East primary care trusts on new drugs, to recommend that women who fit the criteria should now get Herceptin.

This means that many more primary care trusts in the region are now likely to pay for Herceptin if a doctor believes it could help a patient.

Dr McElroy, who founded the breast cancer screening programme at Newcastle's Royal Victoria Infirmary, is at present paying privately for the drug to treat her breast cancer.

The 59-year-old, who has four grown-up children and four grandchildren, said she was being refused Herceptin because it was too expensive - despite Health Secretary Patricia Hewitt recently declaring that primary care trusts could not refuse to fund the life-saving drug solely on the grounds of cost.

She instructed Yogi Amin - the solicitor who last week forced Stoke Primary Care Trust to give Herceptin to Staffordshire woman Elaine Barber - to take legal action unless she was given the drug.

Now, the trust has reversed its decision and will begin funding Dr McElroy's treatment.

Mr Amin said: "Time is running out for early-stage breast cancer patients, who need the drug now.

"They shouldn't have to be concentrating their efforts in fighting against their primary care trusts' decisions, especially when a clinician has assessed the drug as being vital to the patient.

"I'm in no doubt that cost is a major factor in the refusal of the drug. As such, the distribution of Herceptin for all breast cancer sufferers, no matter what stage, needs to be addressed immediately."

Dr McElroy has been told by doctors that Herceptin should increase her survival chances from 65 per cent to 85 per cent.

The drug will only work with women who have tested positive for the HER2 protein, which represents a minority of patients with breast cancer.

Northumberland, Tyne and Wear Strategic Health Authority also issued a statement.

It said "From today, we are advising that women who have completed their initial treatment for breast cancer should, in the right individual clinical circumstances, have access to Herceptin treatment."