Mother suffered physical and mental harm due to three-month delay in brain tumour diagnosis

In June 2018, three months after giving birth to her third child, when she was aged 26, Leigh Day client, who we have called Mrs Brown, attended Worthing Hospital (as part of Western Sussex Hospitals NHS Foundation Trust) after experiencing a series of severe migraines. Mrs Brown, from Worthing, had a history of migraines, but these became so severe that they stopped her from breastfeeding and caring for her newborn. 

While in A&E, Mrs Brown was taken to have a CT Venogram scan, a diagnostic test used to examine the blood vessels in the brain. She was incorrectly diagnosed with low pressure headaches and sent home.

Over the next few weeks, Mrs Brown’s headaches got progressively worse, with episodes happening daily. She consulted her GP on several occasions from June to July 2018, and was prescribed with strong painkillers that did not seem to make much difference to her symptoms. 

By August 2018, Mrs Brown’s condition rapidly deteriorated. She was experiencing nausea and vomiting and had developed cognitive impairments including double vision and photo sensitivity.  

On 1 September 2018, Mrs Brown returned to Worthing Hospital after she collapsed the night before, complaining of double vision. She was discharged the same day with a plan for a follow up. On 4 September 2018, the doctor who reviewed her said that her systems were consistent with raised intracranial pressure and that she would need lumbar puncture to draw out the fluid in her brain. 

A lumbar puncture, or spinal tap, is a test done on the lower back to diagnose certain health conditions. During the procedure, a needle is inserted between two bones in the spine to collect a sample of cerebrospinal fluid, which surrounds and protects the brain and spinal cord.

The lumbar puncture was stopped midway because the fluid pressure in Mrs Brown’s brain was too high. An urgent MRI the next day revealed a large brain tumour (medulloblastoma) and a build-up of fluid (hydrocephalus). The initial CT scan undertaken in June 2018 was misreported, thereby causing a three-month delay in diagnosis. 

Mrs Brown underwent surgery to remove the tumour and treatment for the fluid buildup, but the delay led to permanent issues such as impaired vision, balance, and fatigue, affecting her mobility and quality of life.  

Represented by Leigh Day medical negligence lawyers, Mrs Brown brought a legal case against Western Sussex Hospital NHS Trust for the negligence she suffered due to the delay in diagnosis of her brain tumour and treatment of hydrocephalus.

Leigh Day head of medical negligence, partner Suzanne White and solicitor Firdous Ibrahim argued that the three-month delay meant the tumour progression and untreated hydrocephalus likely caused severe deterioration of Mrs Brown’s physical and mental health.

The Trust has accepted there was negligence for the three-month delay in diagnosis and experts have agreed the delay caused or materially contributed to the injuries. Leigh Day argued that had the diagnosis been given sooner, it is likely Mrs Brown would not have sustained the injuries she had, including the severity of the impact on her  cognitive and physical deterioration.

A six-figure sum out of court settlement was agreed. However, sadly Mrs Brown died shortly after, due to a relapse of the tumour.

Leigh Day solicitor Firdous Ibrahim said:

“This was a deeply tragic case, and we are relieved the matter was resolved without a trial. While nothing can compensate for the family's loss, I hope this outcome brings them justice and closure. My thoughts are especially with Mrs Brown’s husband and three young daughters aged six and 12, who have lost their mother.”