Medical Negligence Lawyers Secure Settlement

A Runcorn woman has been left infertile after being diagnosed with breast cancer 12 years after she was told she was at ‘high risk’ of developing the disease due to her family history of breast cancer- but not referred for genetic testing.

The woman, who doesn’t wish to be named, was assessed at a family history clinic in 2005, where she was deemed a ‘high’ risk of developing breast cancer because of her family history.

Plan for mammogram screening at age 30 also not carried out

At the time, she was aged 26.  She wasn’t referred to a genetic screening service but a plan was made for her to undergo a mammogram when she reached her 30s.  However, this didn’t happen.

In 2013, she was found to have a fibrous breast tissue lump but no action was taken. Four years later, the woman was diagnosed with breast cancer and was also found to be a carrier of the BRCA2 gene – which increase the risk of cancer if it alters.

She underwent cancer treatment, as well as a right mastectomy in September 2017 and left mastectomy in May 2018.

Woman found to have BRCA2 gene left infertile following cancer surgery

She also required surgery to remove her ovaries and fallopian tubes one year later, which left her unable to have any more children.

The woman instructed expert medical negligence lawyers at Irwin Mitchell to investigate her care under Warrington and Halton Hospitals NHS Foundation Trust, which was responsible for her examinations in 2005 and 2013, and whether her cancer could have been found earlier, or even prevented.

Expert evidence obtained by her lawyers indicated that had the woman been referred to a regional genetic service in 2005 or 2013 or offered routine surveillance imaging from 2011 when she turned 30, the BRCA2 gene would have been identified earlier and she would have opted to undergo preventative surgery.  As a result, she wouldn’t have developed breast cancer, they argue.

The woman’s legal team and the Hospital Trust have now agreed an undisclosed settlement which will ensure that she has access to psychological treatment to help her come to terms with what has happened to her and to provide support she needs including care and domestic assistance. The Trust denied that in 2005 there was any requirement to refer the woman to the genetic service based on her family history.  They did however admit that there was a failure in 2013 to obtain a full family history and had that history been obtained, there ought to have been a referral to the genetics service.  They denied though had that referral occurred that she would have avoided the development of breast cancer as it would already have been present at that time, albeit not detectable on imaging until 2015.

Forty-five-year-old calls for genetic testing to be more available

The woman, now aged 45, is now calling for genetic testing to be more readily available.

Sharon Williams is the specialist medical negligence lawyer at Irwin Mitchell representing the woman.

Expert Opinion

“The past few years have been incredibly difficult for our client coming to terms with her diagnosis and the physical and emotional impact it’s had on her. In particular, losing her fertility has left her devastated.

“Through our work, we sadly see the devastating effects that breast cancer can have. Understandably, our client had a number of questions and concerns around the events that led up to her diagnosis.

“While we’re pleased to have secured her a settlement which will allow her access to the care she requires, she would rather not be in this position. We join our client in raising awareness around the importance of BRCA2 screening.” Sharon Williams

Breast cancer and BRCA2: Our client's story

Since her diagnosis, in August 2017, the woman has undergone chemotherapy, radiotherapy and endocrine therapy which involves lowering the amount of hormones in the body.

As a result, she’s been left with a catalogue of side-effects including a loss of sensation in her hands and feet, bone and joint pain, brain fog and premature menopause.  She also struggles with depression, functional neurological disorder – a condition that affects how the brain receives and sends information to the rest of the body – as well as body dysmorphia, which has worsened following surgery. She has had to give up her job in the NHS as her condition means that she suffers fatigue.

The woman said: “When I was told I was at high risk of getting breast cancer, I thought I’d be referred for genetic screening but that didn’t happen.  And even when a lump was found, I was told it was non-cancerous and nothing else was done.

“So when I was diagnosed, it came as a huge shock and something I really didn’t expect.  Thinking back, however, I really feel that I should have been referred for genetic testing after I attended the family history clinic. I would have then opted to have the appropriate surgery to prevent the growth of cancer and I wouldn’t be in the position I am today.

“I’d always wanted to have children and longed to be a mum again, so losing my fertility was the hardest thing. I also didn’t have much time to process it and even make alternative plans, and I believe it could have been avoided. I’ve also been left with side-effects of my treatment, which can be extremely debilitating at times and has had a massive impact on my mental health.

“I know nothing can ever change what I’ve been through and continue to suffer, but I hope that by speaking out I can make others more aware of the BRCA2 gene mutation and how it’s vital that it’s found early. I wouldn’t want anyone else suffering like me.”

Find out more about Irwin Mitchell's expertise in supporting people affected by cancer at the dedicated section on our website. Alternatively, to speak to an expert contact us or call 0370 1500 100.