Six-figure settlement for 18-year delay in diagnosing osteosarcoma in forearm
Jane Weakley and Gabriella Gooday achieved a six-figure settlement on behalf of a man who suffered an 18-year delay in diagnosis of an osteosarcoma in his forearm.
The Claimant was admitted to Charing Cross Hospital for an excisional biopsy of a recurrent giant cell tumour, curettage and bone grafting from the hip. He was told that the tumour was benign. He made a good recovery but still experienced lack of full movement in his wrist and was kept under regular review.
18 years later, the Claimant went to his GP complaining of pain in his wrist. He was referred to an orthopaedic surgeon who recommended an MRI scan. The results of the scan showed evidence of a recurrence and an aggressive tumour.
Following an open biopsy of his distal radius, the Claimant was referred to a consultant oncologist who diagnosed a high-grade osteosarcoma.
Jane and Gabriella tracked down pathology slides dating back as far as 1997 to send to general and specialist histopathology experts to analyse and provide their opinion on what diagnosis should have been made and what, if any, further investigations would have been needed.
They obtained further supportive evidence from experts in the fields of orthopaedic surgery and oncology and then prepared a Letter of Claim.
In response, the Defendant admitted the Claimant received negligent treatment following the biopsy insofar that had he been referred to a specialist case review, on the balance of probabilities, the possibility of low-grade central osteosarcoma would have been raised and he would have undergone appropriate surgery without the need for chemotherapy. This admission was achieved notwithstanding the lack of X-rays taken at the time, which had been destroyed and which would have formed part of an MDT discussion, including a radiologist.
As a result of the admitted negligence, the Claimant went on to develop high-grade osteosarcoma, requiring surgery and aggressive chemotherapy. The Claimant required a greater degree of bone and soft tissue resection and reconstruction and as a result, the associated morbidity is greater.
Our client underwent three cycles of avoidable chemotherapy causing significant fatigue, nausea and insomnia affecting his professional and daily life. The treatment has caused significant post-chemotherapy arthralgia and sensory peripheral neuropathy affecting his joints causing ongoing functional impairment, likely to be permanent. He remains under regular review due to the risk of local recurrence or metastases in the future.
Following settlement, the Claimant said: "Jane and Gabby supported me through the whole process amazingly well. It took some time to reach an outcome as many of these things do but their determination to get the right outcome for me was unrelenting. They had a huge level of empathy and it never felt like a paper exercise. I would totally endorse the team at Fieldfisher for their expertise and knowledge, thank you."
For further information about cancer misdiagnosis claims and medical negligence claims, please call Jane Weakley on 03304606773 or email jane.weakley@fieldfisher.com, or call Gabriella Gooday on 03304606758 or email gabriella.gooday@fieldfisher.com.
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