A mother-of-two from Pontllanfraith has been approved funding for potentially-life saving cancer treatment following a successful High Court legal challenge.
Maria Wallpott, 50, has stage four appendix cancer which has spread to her ovaries.
A surgeon recommended Ms Wallpott should undergo a specific procedure – hyperthermic intraperitoneal chemotherapy (HIPEC) and cytoreductive surgery (CRS) – to treat the cancer.
The procedure involves flushing the abdomen with heated anti-cancer medications after removing as much of the tumour as possible.
Ms Wallpott’s oncology doctor submitted a request to fund her treatment, which is available to patients in England, Scotland and Northern Ireland – but only in exceptional circumstances in Wales.
But the request for funding was refused on two occasions by the Welsh Individual Patients Funding Requests (IPFR) panel, on behalf of the Health Specialist Services Committee (WHSSC) and Aneurin Bevan University Health Board.
After the requests were rejected, Ms Wallpott contacted lawyers at law firm Irwin Mitchell.
The firm was able to bring a judicial review against the panel’s decision. The hearing took place in December, with the judgement forcing the IPFR to reconsider its decision not to give funding.
What is a judicial review?
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.
Source: https://www.judiciary.uk/you-and-the-judiciary/judicial-review/
The IPFR has since told Ms Wallpott the panel has now approved the funding request – with her treatment set to start on February 1.
Following the IPFT’s U-turn, Ms Wallpott said: “I really can’t put into words the relief I felt when I heard that the funding request had been approved.
“It not only gives me the biggest chance of surviving the cancer and living longer, but it means I can see my children grow up and have families of their own.”
She added: “Considering it had been refused twice, I wasn’t sure what was going to happen. I feel like everything is now in my favour to beat this terrible disease and I can’t wait to start the treatment.
“I’m also extremely grateful to my team at Irwin Mitchell, my doctors and Plaid Cymru for fighting my corner; this wouldn’t have been possible without them.”
Katy Cowans, Associate Solicitor at Irwin Mitchell, said: “Maria believed that the initial decision to deny her treatment could very well be the difference between life and death.
“Therefore, following the successful legal challenge, I’m thrilled that the committee has seen sense and decided to fund the surgery for Maria, providing her with a major boost in her fight against cancer.
“It was a shame that she had no choice but to take legal action to secure this decision, at a time when she was also undergoing extensive chemotherapy
“We and Maria believe this latest decision will give her the best possible chance of a future with her children.”
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