CANCER patient Pamela Smith and her family are "devastated" after health bosses turned down their appeal for a potentially life-extending drug.

Mrs Smith, 62, from Darlington, has advanced bowel cancer and her consultant is being prevented from prescribing the new drug, Erbitux, on the NHS.

Even though the drug is widely available in Europe and the US, last year the drug watchdog National Institute for Health and Clinical Excellence ruled that the drug was not cost-effective enough to be made available on the NHS.

Mrs Smith's family believe the drug is the last chance to prolong her life and are angry that access is being blocked.

Last night, Mrs Smith's son, Colin, vowed to mount another appeal and revealed that he has instructed a solicitor to apply for a judicial review of the decision.

"We have lost the appeal, my mum and the family are devastated. They thought the effort we have put in and the fantastic articles in the Echo would make the PCT think again but we have been turned down again," said Mr Smith.

Last week, Darlington GP Dr Ahmet Fuat, who is Mrs Smith's son-in-law, accused the NHS of failing cancer patients by restricting access to new and fully licensed drugs.

Darlington Primary Care Trust (PCT) took ts decision despite evidence of the drug's effectiveness supplied by Mrs Smith's consultant oncologist and a letter of support by Darlington MP and former Health Secretary Alan Milburn.

Mrs Smith, who is blind and a mother of five, has now spent her £10,000 life savings to obtain Erbitux privately.

"My mum now has no money left so she will have to rely on the family. What makes the appeal result a disgrace is that she is responding to the treatment," her son said.

Darlington PCT's medical director, Dr Hilton Dixon, said: "For each appeal, meticulous attention is given to the information provided to the PCT by patients, their families and clinicians, together with evidence of the effectiveness of the treatment being considered.

"The final decision is taken by the board, which comprises lay and executive directors. This takes into account any exceptional circumstances and clinical effectiveness.

"We acknowledge individuals and families may question the decisions that are taken, but the PCT has to make these decisions based upon the evidence which is available."

Mr Milburn said: "I am disappointed that the appeal has been turned down. I will now be seeking from the PCT a detailed explanation of why it came to its decision."