Our client Ben*, had a history of coeliac disease and joint pain affecting his mobility. He had been under the care of a rheumatologist for many years. Ben had retired slightly early because of his pain and mobility issues but was fully independent and very much looking forward to enjoying his hobbies of fishing, gardening and making things in his workshop during his retirement. He and his partner holidayed regularly and were looking forward to this continuing.
In early 2018, Ben developed severe thoracic back pain, which prevented him from lying on his back and affected his sleep. During a routine appointment at the Queen Alexandra Hospital rheumatology department in Portsmouth in April 2018, he complained about the severe pain over his thoracic spine.
Given his age and the fact that he had by then been experiencing severe thoracic pain for several weeks, this was a red flag symptom for possible cancer, although a bony injury was a more likely cause at that time. An x-ray was requested which showed no bony abnormality to explain Ben’s pain. This should have led to more senior review and a request for an urgent MRI scan to rule out a more sinister cause for Ben’s pain, such as underlying cancer. However no further follow-up was arranged.
As time passed, Ben’s pain increased and he attended his GP regularly. He was given ever increasing levels of very strong pain medication, including opiates, and referred for physiotherapy. Before the physiotherapy had started, in June 2018, Ben’s legs collapsed from under him, and he was struggling empty his bladder.
Ben was taken to the QA hospital with altered sensation throughout his lower limbs and bladder and bowel dysfunction. A whole spine MRI was requested. Due to extreme discomfort, Ben could not tolerate the whole scan. No steps were taken to provide effective pain relief, to provide padding over the scanner or to make alternative arrangements so that the full scan could be completed. A further scan was attempted 2 days later, but Ben’s spine was knocked on the scanner causing excruciating pain and the scan having to be abandoned.
Ben’s symptoms gradually worsened, with a reduction in power as well as sensation noted over a period of over a week, to the point where he was unable to mobilise or to move or feel his legs at all. 13 days after his admission, Ben was transferred to the Wessex Neuro unit.
Spinal Cord Injury
At the Wessex Neuro unit, Ben underwent an MRI scan with sedation, pain relief and foam wedges to reduce the discomfort. The scan of his thoracic spine showed a lymphoma mass compressing the spinal cord. Ben was immediately treated with steroids then radiotherapy. The tumour responded very favourably and almost instantaneously. However due to the length of time that Ben’s spinal cord had been compressed, he suffered permanent and life changing injuries. Had the tumour been identified on an urgent MRI scan arranged after he reported severe thoracic pain, which could not be explained by plain x-ray, he would have undergone treatment for his lymphoma before he sustained any spinal cord injury.
Ben has been left wheelchair dependent both inside and outside of the home. He requires a urinary catheter and frequently experiences bowel incontinence. Ben is unable to use stairs and requires a significant amount of care and assistance with daily living. He is very determined to make the best recovery that he can, and can stand for short periods, but cannot walk any meaningful distance. He is not able to help his partner with household chores and although he has managed to find a disabled fishing club, he needs a lot of help to be able to enjoy his hobby. Ben finds it difficult to travel anywhere far or visit family who do not have the facilities he needs. He has missed out on precious time with his grandchildren.
How we helped
Kym Provan, clinical negligence partner at Enable Law, acted on Ben’s behalf in this medical negligence claim brought against Portsmouth Hospitals NHS Trust. The hospital initially denied that their rheumatology department had been negligent or that any delay in diagnosing the lymphoma after Ben’s collapse, had made a difference to the outcome. Court proceedings were issued, and the litigation continued to be contested, with Trial due to take place in June 2024. A settlement meeting was arranged in December 2023 and settlement was agreed in the sum of £1.1M.
What does this mean for our client?
Ben has enjoyed a cruise with his partner in specially adapted accommodation and is now able to look for a properly which is much more suitable and accessible for him. The compensation monies will make sure that he has sufficient to pay for the care that he needs, reducing the stresses placed on his partner, and to purchase the equipment that he needs to be as independent as possible.
*Name and some personal information has been changed to protect our client’s identity.
