Breast cancer victim Ann Marie Rogers was left "angry and devastated" yesterday after losing her High Court battle over her local NHS trust's refusal to fund treatment with the drug Herceptin.

But Ms Rogers, 54, a mother of three with two young grandchildren, said through her solicitors that she was determined to take her fight for the drug to the Court of Appeal.

She likened the decision by Swindon Primary Care Trust (PCT) not to fund the "wonder drug" for the early stages of cancer, save in exceptional circumstances, to "a death sentence".

Christine Fogg, chief executive of Breast Cancer Care, described yesterday's "shocking" ruling as "a huge disappointment and incredibly distressing for both Ann Marie Rogers and many other breast cancer patients".

Ms Rogers, who is being treated for the aggressive HER-2 positive cancer, was given permission to appeal and the judge ordered Swindon PCT to continue funding Herceptin treatment for her pending the appeal court decision.

Mr Justice Bean, sitting in London, sympathised with the plight of Ms Rogers but ruled the Swindon policy did not breach her human rights when it decided that she did not qualify as an exceptional case for treatment.

The trust had not acted contrary to the Health Secretary's guidance or in a way which was irrational or unlawful, said the judge.

Ms Rogers' dilemma has arisen because Herceptin is not yet formally licensed for early stage cancer treatment, and the Swindon trust has adopted a policy of waiting until it is before making it generally available, apart from in exceptional cases.

Other authorities around the country are funding it for all eligible patients.

The judge said the current situation might be criticised by some as a postcode lottery.

But that was a matter for political debate and not for a judge. He added: "The question for me is whether Swindon's policy is irrational and thus unlawful. I cannot say it is."

Ms Rogers, a former restaurant manager of Haydon Wick, Swindon, Wiltshire, was in court but left without commenting personally on the ruling, which has implications for hundreds of other victims of early stage breast cancer.

She had said in an impassioned plea to the court during a two-day hearing last week: "The refusal of Herceptin is as though I have been given a punishment, like a death sentence."

Her barrister Ian Wise had told the court there was a 57 per cent chance of her breast cancer returning within ten years. If it did return, it would prove fatal.

Ms Rogers has borrowed £5,000 for treatment with Herceptin so far, but says she cannot afford to pay for further courses.

After yesterday's ruling, her solicitor Yogi Amin, of Irwin Mitchell, said: "Ann Marie Rogers is devastated at the outcome of this judicial review but is determined to take her fight for this drug to the Court of Appeal.

"She is angry that the court did not reverse the decision of her primary care trust to refuse her Herceptin, despite her consultant's recommendation."

"Ann Marie has an aggressive form of breast cancer and has been let down by her health authority. Access to life-saving cancer treatment depends on where you live in England and Wales."

He called on Health Secretary Patricia Hewitt to give a clear direction that Herceptin should be available for early stage breast cancer sufferers.

Jan Stubbings, chief executive of Swindon PCT, expressed sympathy for Mrs Rogers and her family, but stressed the judge had confirmed it had followed the Health Secretary's guidelines.

She said it was not a cost issue for the trust but it would be wrong to say it was not an economic argument. The PCT had to consider the benefits for the whole population.