Ese Elizabeth Alabi, a Nigerian woman visiting the UK has died during a legal battle to have her moved up the NHS heart transplant list. She had been given lower priority as a non-EU citizen.
The Department of Health said it was a "tragic case" but that priority had to be given to those who were entitled to NHS treatment.
She was diagnosed with dilated cardiomyopathy, which causes the heart to become enlarged, and was told a heart transplant was her only hope of survival. Under new NHS rules Ms Alabi could only be placed on the priority "group two" list, with scores of people ahead of her in the queue.
A DoH spokesman expressed sympathy for Ms Alabi and her family, calling the case an "extremely sad and difficult process".
He said: "Organs for transplant, and hearts in particular, are extremely scarce and it is necessary to have clear rules to establish priorities in their allocation.
In a High Court case which began on 6 May, lawyers representing Ms Alabi argued she should be placed on the NHS's priority "group one" transplant list, citing her unusual circumstances.
Doctors, who had in the meantime assessed her case as urgent, said she would need three years in the UK for follow up treatment to have the best chance of success.
The Department of Health said it was a "tragic case" but that priority had to be given to those who were entitled to NHS treatment.
She was diagnosed with dilated cardiomyopathy, which causes the heart to become enlarged, and was told a heart transplant was her only hope of survival. Under new NHS rules Ms Alabi could only be placed on the priority "group two" list, with scores of people ahead of her in the queue.
A DoH spokesman expressed sympathy for Ms Alabi and her family, calling the case an "extremely sad and difficult process".
He said: "Organs for transplant, and hearts in particular, are extremely scarce and it is necessary to have clear rules to establish priorities in their allocation.
In a High Court case which began on 6 May, lawyers representing Ms Alabi argued she should be placed on the NHS's priority "group one" transplant list, citing her unusual circumstances.
Doctors, who had in the meantime assessed her case as urgent, said she would need three years in the UK for follow up treatment to have the best chance of success.