£750,000 for woman who developed cancer after smear test error
Christina Gardiner and Marlena Mistak secured a six-figure settlement for Sian* after she developed cervical cancer due to a misreported cervical smear by Public Health Wales NHS Trust.
Acting on Sian’s behalf, Christina and Marlena obtained supportive expert evidence and issued a detailed pre-action letter of claim outlining the allegations of negligence. Cara Guthrie, barrister at 1 Crown Office Row, provided assistance throughout the claim.
In response, the Trust admitted that Sian’s 2014 smear test had been negligently misreported as normal. It was acknowledged that, had the smear been correctly interpreted, Sian would have been referred for a colposcopy, diagnosed with CIN3, and treated with a LLETZ procedure. This would have removed the lesion and prevented the development of cancer.
As a result of the admitted negligence, Sian developed avoidable cervical cancer. She underwent chemo-radiotherapy and brachytherapy, which caused permanent and significant side effects. These included infertility, early menopause requiring HRT, lymphedema in the legs and pelvic area, recurrent cellulitis, and ongoing severe pain in the leg, groin, and pelvic region. She also experienced bowel and bladder dysfunction, and was diagnosed with both an adjustment disorder and major depressive disorder. Her condition significantly impacted her ability to work.
A settlement was eventually reached during a settlement meeting, with £750,000 in damages secured for Sian.
Sian said:
“I just want to say a huge thank you to you and all of the team at Fieldfisher. It has been such a difficult few years for us as a family, struggling with the ongoing issues post-treatment, and you have completely taken away any stress and worry associated with the litigation. I honestly don't think we could have selected a more professional, knowledgeable, and caring solicitor than yourself. We are truly grateful for all your work on my case.”
*Name changed to protect privacy.
Contact us
For further information about cancer misdiagnosis claims or medical negligence claims, please call Christina Gardiner on 03304606746 or email christina.gardiner@fieldfisher.com or call Marlena Mistak on 03304606795 or email marlena.mistak@fieldfisher.com.
Alternatively
- You can speak to our medical negligence lawyers on freephone 0800 358 3848
- email us: personalinjury@fieldfisher.com
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All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.
