Delayed cancer diagnosis settlement enabled couple to reconnect

A Tragic Delay in Diagnosis 

This case concerns the devastating impact of a negligent delay in diagnosing squamous cell carcinoma (skin cancer) of the right salivary gland. Salivary gland cancers are extremely rare and aggressive, often carrying a poor prognosis. For Mr Hudson, this delay not only changed the course of his treatment but also his entire life.

The Incident A Delayed and Costly Diagnosis 

Mr Hudson first experienced intermittent swelling in his right salivary gland. He underwent initial surgical exploration for a suspected salivary stone four months later, followed by another surgery three months after that, during which a salivary stone was removed. 

However, his symptoms did not improve. Three months later, the swelling had become permanent, forming a large mass under his jaw. He was advised to undergo the removal of the salivary gland due to suspected chronic obstruction, a procedure that took place a month later. The removed mass was sent for pathology—but shockingly, the results were not reviewed for another two months. 

By the time Mr Hudson was finally seen at the Maxillofacial Oncology unit, the diagnosis was grim: squamous cell carcinoma of the right salivary gland. His prognosis was extremely poor. 

Further imaging confirmed that the cancer had already invaded crucial arteries, making surgical removal impossible. Instead, he underwent chemotherapy and radiotherapy, which reduced the tumour enough for an aggressive and life-altering radical neck dissection. This extensive surgery involved removing large portions of his neck, reconstructing it using his chest muscle, and grafting skin from his left thigh.

The Devastating Impact 

Mr Hudson endured not only an incredibly aggressive cancer treatment but also suffered life-changing complications: 

• Permanent swallowing impairment: He was left strictly nil-by-mouth and permanently dependent on tube feeding. 

• Severe oral secretions: He frequently coughs and chokes on saliva, making communication difficult. 

• Loss of intimacy and comfort: Lying flat causes choking, making relaxation—and even moments of closeness with his wife—nearly impossible. 

• Nerve damage and facial deformity: He suffers from permanent numbness in his mouth, lips, and tongue, along with severe scarring and disfigurement of his face, neck, and chest. 

• Social isolation: His altered appearance has led to self-consciousness and withdrawal from social interactions. Heartbreakingly, even his young granddaughters feel uneasy around him.

A Life Turned Upside Down 

Beyond the physical pain, the emotional toll has been immense. 

Mr Hudson was told that there was a high risk of cancer recurrence and that his survival prospects were poor. This news shattered his family. Many friends drifted away, unable to face the reality of his diagnosis. Anxiety about his future weighed heavily on him—not just for himself, but for the wife and family he might leave behind. 

His wife became his full-time caregiver, managing his tube feeding and providing round-the-clock care. She took a sabbatical from work, ultimately leaving her job to be by his side. 

He was forced to resign from his beloved career as a Project Engineer—something he had never planned to do. The active social life he once enjoyed, filled with meals and drinks with friends, became impossible. This resulted in him feeling excluded by family and friends which impacted on his mental health. 

Mr Hudson has an obvious cosmetic deformity to his face, neck and right chest. Due to this, he avoids social contact with family and friends and has very little in terms of a social life. Potentially, the most heartbreaking aspect is that his young granddaughters are fearful if him because of his appearance and worry about going near him.

The Legal Fight for Justice 

Seeking accountability, Mr Hudson turned to Fletchers Solicitors for help. His case was led by Solicitor Emily Whiteley, who built a strong claim of cancer negligence. 

The claim alleged that: 

• Further imaging should have been performed when a permanent swelling was first noted. 

• An urgent pathology review was required after the second surgery, given that the findings were highly suspicious of a tumour. 

Had the cancer been diagnosed sooner, Mr Hudson could have undergone a less invasive neck dissection and radiotherapy. His chances of five-year survival would have been 80%, but due to the delay, the cancer had spread, drastically reducing his prognosis. Experts concluded that he now had an 80% chance of recurrence within five to ten years, with a high likelihood that it would be fatal.

The Outcome 

The defendant admitted full liability for the negligent delay in diagnosis. A Joint Settlement Meeting (JSM) was arranged, with both sides presenting medical evidence. In a surprising turn, the defendant’s oncology expert stated that Mr Hudson, now four years post-treatment, was showing no signs of recurrence—and on balance, his cancer was unlikely to return. 

A £625,000 settlement was agreed upon, securing financial security for Mr Hudson and his wife. 

Rebuilding Life After Negligence 

Despite everything, Mr Hudson has found some solace. 

With the settlement, he and his wife have been able to enjoy several holidays abroad, one of the few pleasures he can still experience. These moments together have been invaluable, providing them with much-needed time to reconnect and heal. 

The financial compensation has also allowed his wife to retire, giving them the freedom to focus on making the most of their time together, without the burden of financial stress. 

Reflections from Fletchers Solicitors 

Following the conclusion of the case, Solicitor Emily Whiteley shared her thoughts: 

“This was a tragic case of negligence resulting in our client undergoing life-changing surgery. While no amount of compensation can undo what has happened, the Trust’s admission of liability allowed us to focus on securing damages that will truly make a difference to Mr Hudson’s life. The settlement was an excellent result for a much-deserving client.”

Mr Hudson added that: 

“We choose Fletchers to work with as an initial consultation provided us with a clear understanding for the processes and potential timescales ahead of us. 

Whilst the case was a difficult one for us, Emily was there every step of the way to ensure we were comfortable with the steps involved and was readily available when we needed her,  she was able to put things into layman’s terms and make a very complicated process easier for us to deal with. 

Throughout the whole time every consideration was given to us through what was an emotional and difficult time. 

The damages we were awarded have enabled us to retire earlier than planned and live a better quality of life.”