Six-figure settlement for client whose brain tumour was missed by hospital

In 2016, Howard developed tinnitus following a heavy cold. When he still had symptoms a few weeks later, he visited his GP, who prescribed eardrops. The tinnitus still didn’t clear, and the GP referred him to the ear, nose, and throat (ENT) department at Basildon University Hospital (then Basildon and Thurrock Hospital).

In September 2016, Howard was diagnosed with work-related (he was an airplane engineer) asymmetrical deafness and tinnitus. Although he was offered an NHS hearing aid, he declined at that time as his hearing loss was not yet severe. He was referred for an MRI scan, which took place in November 2016.

The MRI report showed a lesion on the left side of the brain, strongly suggesting a non-cancerous tumour on the main nerve leading from the inner ear to the brain. However, this significant finding was not acted upon.

In December 2016, Howard sought private audiology treatment and was fitted with a hearing aid.

By August 2018, Howard’s condition had worsened significantly. He began experiencing severe headaches, neck pain, balance problems and falls when getting out of bed. His GP referred him to the Mayflower Headache Clinic, where he was seen in November 2018.

Howard underwent a private MRI scan at Nuffield Hospital Brentwood in December 2018. This revealed a tumour measuring 37.3mm at its widest point, indicating significant growth.

At the next available appointment at the Mayflower Headache Clinic, in January 2019, Howard was advised that he had a non-cancerous tumour compressing the brain stem (possible acoustic neuroma) which had been there for a long time. He was referred to Queen’s Hospital in Romford. 

A Multidisciplinary Team (MDT) meeting in February 2019 confirmed that the tumour was visible on the November 2016 MRI scan and had grown by approximately 26mm since then.

In June 2022, the Defendant admitted a breach of duty, accepting that:

• Had the abnormal results in November 2016 been actioned by an ENT doctor, Howard would have been referred to neurosurgeons
• With appropriate management, at about 12 months after the breach of duty, Howard would have been re-scanned and offered possible treatment options of stereotactic radiotherapy or resection surgery.

While negligence was admitted, the Defendant disputed the extent of the injuries caused by the delay.

In March 2023, the court paused the case to give both sides the chance to try to settle it without going to trial. After that, the Defendant asked for several more pauses.

Despite our solicitors repeatedly trying to arrange Alternative Dispute Resolution (ADR), the Defendant didn’t agree to a date. Because of this, we asked the court in December 2024 to restart the case.

The Defendant then agreed to attend a meeting in April 2025 but cancelled it the day before. A hearing later took place in September 2025, and the case continued towards trial, which was scheduled for March 2027.

After further attempts by our team to resolve the case without a trial, the Defendant finally agreed to attend a settlement meeting in March 2026.

On 16 March 2026, the claim settled for £400,000. 

Howard had already received £25,000 in interim payments, meaning a further £375,000 was agreed in this meeting.