Eight breast cancer patients dubbed the 'Herceptin Heroines' - including lesbian health campaigner Chris Walsh - have secured a High Court order for NZ's medical funding agency Pharmac to reconsider its decision not to fund 12-month courses on the breast cancer-fighting drug.

In 2006, Pharmac decided against spending up to $30 million a year for the 12-month Herceptin programme for women with the aggressive HER2 positive form of breast cancer. It instead allocated $5m a year to allow suitable patients to undergo a nine-week course, and decided to budget $3.2 million towards participating in an international short-or-long-duration trial of Herceptin and has begun making payments, reports the NZPA.

The decision left New Zealand women who sought the 12-month course to fund it themselves. Chris Walsh, who told her personal story of battling breast cancer on TV2's LGBT programme The Outlook last year, is paying $90,000 for her own full-year treatment of the drug.

The 'Heroines' banded together and, with lawyer Helen Cull QC, approached the High Court to have last years' decisions quashed, and to reverse the decision not to make special funding available for their own treatment.

Justice Warwick Gendall agreed with their claim that Pharmac had not undertaken proper consultation before rejecting the 12-month programme.

His judgment directed Pharmac to reconsider that decision after conducting full and open consultation with "those who have a legitimate interest in the ultimate decision".

As Pharmac had already done extensive research while contemplating the nine-week trial, the consultation "should be undertaken with speed," said Justice Gendall. However, he warned the outcome may be "precisely the same".

National Party associate health spokeswoman Jackie Blue told the NZPA today that the court decision was a "well deserved slap in the face" for Pharmac.

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