Crohn's woman pleads for funding to freeze her eggs before treatment

A Crohn’s disease sufferer is challenging what she claims is an “unlawful” decision to refuse her funding for her eggs to be frozen before she undergoes chemotherapy.

A judge at the High Court in London heard today that a judicial review action brought by artist Elizabeth Rose, 25, from Margate, Kent, was “exceptionally urgent”.

Her barrister told Mr Justice Jay that Miss Rose, who was diagnosed with Crohn’s disease at the age of 14, faces “imminent” bone marrow transplantation and chemotherapy – treatment she fears will render her infertile.

Clinicians at King’s College Hospital in south east London applied on her behalf for funding so her eggs could be frozen before treatment.

But Jeremy Hyam, representing Miss Rose, said there was a “continuing refusal” by Thanet Clinical Commissioning Group (CCG) to provide NHS-funded fertility preservation treatment, with the most recent refusal being on March 19.

Miss Rose, who was present in court, launched the legal action in a bid to overturn the refusal and keep alive her hopes of one day having children.

She believes she is the victim of a “postcode lottery” as the treatment is available to single women in other parts of the country.

Miss Rose, a Central Saint Martins College of Art and Design fine art graduate, said she is determined that the rules should be changed “as this treatment is becoming more commonplace for Crohn’s disease sufferers and I would not want any other woman to have to go through this ordeal”.

In written argument before the judge, Mr Hyam submits that the refusal to fund the fertility preservation treatment, which would cost £4,050, is unlawful “because it was and continues to be defended on the basis of a policy which is unlawful and out of date”.

He told the judge: “The expected consequence for her if the fertility preservation treatment is not provided is lifelong infertility and the inability to bear her own genetic child.

“Oocyte cryopreservation takes a few weeks to complete and therefore there is a short window of opportunity.”

The case is being contested by Thanet CCG, which submits that its refusal is lawful.

It has said in a statement: “All Kent and Medway CCGs have agreed a policy on assisted reproductive techniques, including in relation to the freezing of eggs.

“The policy all Kent and Medway CCGs have adopted, after extensive consultation and clinical advice, is that this particular procedure will not normally be funded by the NHS in Kent and Medway on the basis that there is insufficient evidence to demonstrate effectiveness.

“We are very sorry about the distress this may cause patients who are facing very difficult personal circumstances.

“However, we must use our limited public money to fund services for our population as a whole and so are required to take difficult decisions on prioritising treatments.”