Ontario must reconsider denying cancer patient access to new treatment in U.S., court rules - Toronto Star

Ontario Divisional Court panel directs provincial government to reconsider denial to fund Alex Shved's treatment.

Alex Shved and his wife Agata Zieba with their two children at the family’s Toronto home in July.

Doctors have told Alex Shved, a 37-year-old with metastatic melanoma, that a therapy exists that could extend his life.

On Tuesday, a panel of the Ontario Divisional Court agreed, directing the provincial government to reconsider its earlier denial to fund his treatment in the U.S.

The court ordered an expedited review of Shved’s case and gave the government until Oct. 2 — or earlier if possible — to make a new decision, noting Shved’s terminal diagnosis.

“The record discloses that he will likely be dead by Christmas if he does not receive the requested treatment within a few weeks,” the panel wrote in its ruling.

Shved is seeking a personalized cell treatment that was approved by Health Canada last year but is not yet covered by provincial drug plans.

Called tumour-infiltrating lymphocyte therapy, or TIL therapy, the treatment uses a patient’s own cells to train their immune system to find and attack cancer. The treatment is produced by a U.S. company and is marketed as lifileucel, also known by its brand name Amtagvi.

On the advice of his doctor, Shved earlier this year applied to the province for out-of-country coverage to go to a U.S. hospital for treatment. His application was denied, and Shved’s subsequent appeal to the Health Services Appeal and Review Board (HSARB) was dismissed. 

The tumour-infiltrating lymphocyte therapy uses a patient’s own cells to train their immune system to attack cancer.