Our client, an 80 year old man from Herne Bay, Kent, was found to have a small mass on his lung in January 2007. As he required treatment for another matter first, the decision was made to organise a follow up for the lung mass after that treatment had taken place.
However, that follow up was never arranged, and it was not until the lung mass was again seen on a scan in September 2012 that it was eventually treated.
Because the mass had grown in the intervening years, our client could not have minimally invasive surgery and instead required an open thoracotomy. As a consequence, he developed post-thoracotomy syndrome, pain, depression, and breathlessness.
Over time his symptoms improved, although he continued to suffer with a low level of residual symptoms.
The Defendant admitted breach of duty for failing to follow up the lung mass, and admitted that the delay resulted in the need for an open thoracotomy. They did not, however, admit that this had resulted in our client suffering the injuries alleged. They were, however, willing to explore settlement.
After negotiations a settlement was achieved in the sum of £30,000.
Alex Tengroth, who had conduct of the claim, said “I am very pleased that this case settled at a good level, and hope my client is able to enjoy the settlement (which I understand is going to begin with a much needed holiday).”