Young Woman Diagnosed With Terminal Cancer After NHS Trust Wrongly Reports Smear Test As Normal

Medical Law Experts Work To Secure Settlement To Fund Life Pro-longing Treatment

18.05.2014

A young woman diagnosed with terminal cancer after hospital staff failed to recognise and report abnormalities in a routine cervical smear test has spoken out in the hope lessons are learned from the ‘appalling mistakes’ in her care.

Fay Harryman, 29, underwent a cervical smear in April 2009 which was analysed at the University Hospital in Lewisham, where she was told it showed no abnormalities. However, within months she started suffering bladder problems and abnormal bleeding, and an MRI scan in November 2010 showed a large tumour on her cervix.

The former Bid Coordinator instructed medical law experts at Irwin Mitchell to investigate whether more could have been done to detect and treat her cancer sooner which could have prevented her needing chemotherapy and radiotherapy that has left her infertile.

The firm is also investigating whether earlier detection would have saved her life as Fay, who lives in Chatham Maritime in Kent, has also now been told that her cancer has returned spreading to her lymph nodes and treatment will only pro-long her life rather than cure her. 

Expert evidence commissioned by lawyers at Irwin Mitchell found that Lewisham Healthcare NHS Trust failed to detect abnormal cells in the smear test taken in April 2009, incorrectly reported the smear as ‘normal’ and recommended a standard recall in 36 months.

The evidence also suggests that, had the test been correctly reported as showing abnormalities, further testing would have been recommended within four weeks which, on the balance of probabilities, would have confirmed cancerous cells and meant Fay could have been sent for immediate treatment to remove them, preventing the cancer from spreading.

The Trust has admitted liability for the failure to detect and report the cancerous cells, but continues to dispute how the failures contributed to the cancer returning and whether it would have saved her life. Fay’s legal team at Irwin Mitchell has now issued court proceedings in the hope of quickly securing her a vital settlement to fund her ongoing treatment costs and cover her loss of earnings.

Victoria Walne, is a medical law expert at Irwin Mitchell’s London office representing Fay. 

Expert Opinion
This is a tragic case - Fay is not yet 30 but has been left with terminal cervical cancer and unable to have children.

“Whilst the Trust has admitted liability for its failings relating to interpreting and reporting the smear results, we believe it also needs to give answers about how it was possible for these failures to happen and confirm what steps have been taken to ensure the same, frankly appalling mistakes, can never happen again.

“We hope the Trust will now work with us to provide this information to Fay but also quickly agree a settlement that will fund her ongoing care costs and cover her loss of earnings as she is unable to return to her previous job.”
Victoria Walne, Solicitor

Fay added: “To be told at the age of 25 that cancer treatment has left you infertile is devastating enough, but to now be told treatment can only prolong my life rather than cure me is almost impossible to comprehend.

“I had always wanted children but the first course of treatment led to me suffering a premature menopause. My boyfriend and I then planned to have children via a surrogacy route in America but I was rejected for funding on the NHS and now my cancer has returned it is not something I can continue to pursue.

“My boyfriend and family have been amazing and I want to thank them for all the support they have provided. 

“It’s very hard not to be bitter or angry as I now know that if my smear test had been correctly interpreted in 2009, the last five years would have been very different and I would probably have a future to look to now.

"There have been numerous campaigns in my lifetime about the importance of attending regular smear tests and how early detection saves lives. When you follow these guidelines, you expect the NHS to correctly play its part in keeping you safe, but sadly my care fell well short of this.

“Nothing can turn back the clock, but I feel that I deserve to know why it was possible for my smear test to be interpreted incorrectly and it would give me some small peace of mind to know that lessons have been learned throughout the NHS to prevent anyone else having to go through the same unnecessary nightmare as me.”



Read more about Irwin Mitchell's expertise relating to medical negligence claims