A TERMINAL cancer sufferer has won the first round in her fight to get funding for life-prolonging drugs.

Linda Gordon was told she may have only nine months to live when she was diagnosed with lung cancer 15 months ago.

Despite having been declared an "excellent" candidate for the tumour-shrinking drug Tarceva, by her doctor, Mrs Gordon was refused funding for it by Bromley Primary Care Trust (PCT).

The mother-of-two took her battle to the High Court and was told the grounds for Bromley PCT's refusal of the drug were "flawed".

Mrs Gordon's solicitors at law firm Irwin Mitchell launched proceedings to appeal for a judicial review of the PCT's refusal to fund a month of treatment.

Prior to the September 1 hearing, Bromley PCT agreed to the request.

The former pharmaceuticals worker said: "My solicitor tells me it is a victory at this stage."

Bromley Primary Care Trust (PCT) initially refused her application for the tablets, citing "finite resources" and "limited evidence of effectiveness".

Depending on her response to the drug, Mrs Gordon, of Southborough Lane, Bromley, will reapply for further courses of the drug.

If the PCT refuses once more, the matter could return to court.

Mrs Gordon said: "I am not giving in to anything, I'm taking this all the way."

An Irwin Mitchell spokesman said: "Effectively the PCT folded by agreeing to the treatment. They agreed to what we asked for so there as no need for the review."

Mrs Gordon was represented by Yogi Amin, who won an appeal allowing breast cancer sufferer Ann Marie Rogers to be treated with the drug Herceptin.

Mr Amin said: "The judge determined there was an arguable case that Bromley PCT's decision to refuse funding was flawed.

"On hearing this, Bromley PCT decided they would fund the next month. We will see how Mrs Gordon's cancer progresses and if we need it for longer than that we will go back to the PCT.

"If they refuse us at a later stage, Mrs Gordon will have no hesitation to take the matter to the High Court.

"It is a victory - the judge argued there were sufficient grounds for a judicial review. We have won this stage of the battle."

A Bromley PCT spokesman said: "We don't agree with the interpretation put on this case by Ms Gordon's solicitors. Their application for a judicial review was refused.

"The High Court has considered the PCT's decision not to fund Tarceva for Ms Gordon and dismissed the claimant's application for judicial review.

"If a fresh request for Tarceva is made by Ms Gordon to fund an individual clinical trial, the PCT has been asked to consider this expressly.

"In the context of the litigation, the PCT has agreed to fund Tarceva for Ms Gordon between August and September 2006."