In January 2022, Christine Brown settled the case of a woman in her 30s who was diagnosed with stage 1B1 cervical cancer in 2018 following two misreported cervical screening samples in 2010 and 2014 at two different NHS trusts in the Midlands.

Unfortunately, the claimant was pregnant at diagnosis and had to undergo a termination, followed by two cone biopsies, a radical hysterectomy and removal of both fallopian tubes. Due to the invasive treatment she received, she suffered permanent loss of fertility and will need to undergo IVF and surrogacy to have any further children.

Thankfully, she has recovered well and the prognosis is good. She’ll need regular follow-ups but has a 90-95 percent ten-year survival rate.

The two defendant NHS foundation trusts, Chesterfield Royal Hospital (1) and University Hospitals of Derby & Burton (2) admitted the screening results were incorrectly reported as "negative" and pre-malignant cervical lesions were not detected but were likely to have been present in 2010 and 2014.

When invited, the claimant attended a routine cervical screening in 2010 which was reported as negative despite showing borderline changes. Four years later she attended another routine smear test which again was reported as negative, although the sample showed clear severe cell changes in the cervix.

She then went for another routine test in 2018, but the sample reported high grade cell changes and invasive cancerous cells. A colposcopy confirmed a lesion on the cervix that measured 3x2cm.

Throughout the case, Christine sought the professional advice of a gynaecologic oncologist, expert histopathologist and fertility expert. The claim settled for £325,000 which included a claim for surrogacy in the USA, IVF and possible egg donation, and surrogacy counselling, as well as provisional damages in the event of recurrence of the cancer or deterioration in her mental state.

 

Woman in Her 30s Left Permanently Infertile Due to Two Misreported Smear Tests Awarded £325,000 in Compensation

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Case settled by

Christine Brown

Senior Solicitor