A SWINDON breast cancer sufferer is challenging the town's health authority in the courts today.

Ann Marie Rogers, 53, from Haydon Wick who is suffering from the early stages of an aggressive type of breast cancer is going to the High Court to launch a test case challenge to try and overturn Swindon Primary Care Trust's refusal to fund her treatment with the cancer drug Herceptin.

She won the right to go to the High Court in December when Mr Justice Charles ruled that she had an arguable case.

He said that the issues raised applied to a number of people up and down the country and were of general and public importance. At the time, Ms Rogers said she was thrilled with the result.

"It has made my Christmas,"' she said.

"I can now look forward to continuing my treatment, at least until the full hearing when I hope they will find that I should be given the complete course of treatment which was prescribed by my doctor.

"Herceptin is expensive and I have funded the first two treatments myself, but I simply cannot afford to pay for any more.

"I just want to be given the best chance possible of fighting breast cancer, which I will get with Herceptin."

The controversial drug costs £20,000 for one patient for a one-year course of treatment, but Mrs Rogers says the drug could save her life.

She has borrowed £5,000 for three treatments so far but says she cannot afford to fund further courses.

Herceptin has only been licensed for women with advanced cancers.

But research shows that the drug could cut the risk of cancer if used in the early stages of the disease.

Some Primary Care Trusts are refusing to fund the treatment.

Swindon PCT had said it would not fund the drug until its safety had been confirmed by licence and then by the National Institute For Clinical Excellence.

Jan Stubbings, the chief executive of Swindon's PCT, said: "We want to reassure people our decision whether or not to prescribe Herceptin is absolutely not made solely on the basis of cost.

"We await advice from the National Institute Of Clinical Excellence.

"Until this time, in accordance with many other PCTs, we will continue to review every request on a case-by case basis.

"At present, available evidence of the efficacy and safety of the treatment for early-stage breast cancer is insufficient to make reliable judgements."