In Mrs Rogers' case, Swindon PCT adopted the latter policy, which follows current NHS guidelines.
BBC: NEWS | Health | Herceptin maker asks for licence
Mr Amin, of law firm Irwin Mitchell, added they would continue to take Mrs Rogers' fight to the Court of Appeal.
When Mrs Rogers was killed, she was staying with her brother, William Henderson, at Mount Steward Farm, a few miles south of Perth.
BBC: Solving a murder in the family
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