Doctors have told Alex Shved, a 37-year-old with metastatic melanoma, that a therapy exists that could extend his life.
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that → tell → 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.
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panel → agree → 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.
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that → seek → 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.
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treatment → call → cancer
The treatment is produced by a U.S. company and is marketed as lifileucel, also known by its brand name Amtagvi.
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treatment → produce → name
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.
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Shved → apply → treatment
His application was denied, and Shved’s subsequent appeal to the Health Services Appeal and Review Board (HSARB) was dismissed.
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appeal → deny → Board
The tumour-infiltrating lymphocyte therapy uses a patient’s own cells to train their immune system to attack cancer.
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therapy → infiltrate → cancer
The tumour-infiltrating lymphocyte therapy uses a patient’s own cells to train their immune system to attack cancer.
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therapy → infiltrate → cancer
Shved, who lives in Etobicoke with his wife and two young daughters, launched a judicial review of the province’s decision, representing himself at the Sept. 8 hearing.
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who → live → hearing
He called Tuesday’s court decision “vindicating” and said he hopes the decision is a “wakeup call” to the province, adding that he knows of at least two Ontario patients with the same cancer who have died after being denied out-of-country access to TIL therapy.
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who → call → therapy
“It makes me upset thinking about all of the people who have been wronged by this process and this system,” Shved said.
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Shved → make → process
The Health Ministry did not respond to a request for comment Tuesday night but a spokesperson for Health Minister Sylvia Jones previously told the Star that provinces and territories do not provide out-of-country funding for treatments that have not yet gone through Canada’s drug funding system.
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that → respond → system
That funding process, which includes price negotiations between the manufacturer and the pan-Canadian Pharmaceutical Alliance, can take more than two years.
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which → include → years
Shved launched a judicial review of Ontario’s funding denial for his TIL treatment in June.
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Shved → launch → June
His central argument was that the out-of-country program is in place for treatments and health services that are unavailable to Ontario patients, and that the program is most needed for patients facing terminal diagnoses with no alternatives.
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program → need → alternatives
Shved also argued that denying him funding disregarded expert evidence from doctors who stated the treatment was not only safe but the best available choice, offering Shved a 30 per cent chance of a sustained response.
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treatment → argue → response
A Florida hospital quoted Shved $1.3 million for TIL therapy, which requires chemotherapy and time in hospital, in addition to producing the personalized cell treatment.
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which → quote → treatment
In Tuesday’s ruling, the panel stated the province provided no evidence that funding Shved’s TIL therapy would undermine drug pricing negotiations while also underscoring both Shved’s immediate need and recommendations from medical experts.
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funding → state → experts
“As we have noted more than once, this presents as a life-or-death decision for Mr. Shved,” the panel wrote.
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panel → note → Shved
“His expert physicians have recommended the treatment, which is available in the United States and is under active consideration for use in Ontario.”
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which → recommend → Ontario
A majority of the three-justice panel ordered the expedited review of Shved’s funding application through the province’s established programs, while one justice recommended an immediate recommendation to fund the treatment.
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justice → order → treatment
Shved, who last week had surgery to rebuild his left arm after a tumour broke through the bone, said he is hopeful the province will fund his TIL treatment.
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province → have → treatment
In the meantime, he said, he is focusing on regaining enough arm strength to easily cradle his five-month-old daughter.
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he → say → daughter
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