A young woman who had an ovary and fallopian tube removed unnecessarily after an ovarian cyst was misdiagnosed as cancer was awarded £195,000 in compensation.
She was just 22 at the time and the surgery means she will be unable to fall pregnant naturally. She planned to start a family in her thirties but, on the balance of probabilities, would require fertility treatment using frozen eggs.
The claimant ‘C’ sought the help of specialist medical solicitor, Sarah Johnson, to bring a compensation claim for the medical negligence.
Case summary
After becoming concerned by irregular periods and heavy bleeding, C visited her GP in February 2019 who referred C for an ultrasound of the abdomen and pelvis. A mass on the left ovary was detected, and C was then referred to gynae-oncology services at the defendant trust.
She was seen three months later where another scan showed a polycystic right ovary and an ovarian cyst on the left measuring 5.9 x 6.2 x 5.7 cm. Tumour markers were normal but an MRI was arranged.
In July, C underwent keyhole surgery to remove the cyst and drain excess fluid from the abdomen. Normal tubes and right ovary were noted.
Histopathology mistakenly reported ‘left ovarian cyst Sertoli-Leydig cell tumour. This is a rare type of cancer sometimes known as androblastomas.
Three months later, C had further surgery, a salpingo-oophorectomy to remove both the ovary and fallopian tube. She also had biopsies taken from the right ovary and omental.
However, subsequent histopathology analysis in February 2020 – seven months after the previous one – showed the left ovarian cyst was actually a benign sclerosing stromal tumour.
Litigation
C alleged that the surgery to remove her ovary and fallopian tube was unnecessary.
The Defendants admitted that they should have awaited review of hospital pathology at MDT before proceeding to surgery. Had those pathology results been awaited, they admitted that C’s left ovary and tube would not have been removed.
The claim settled in November 2023 before issue of proceedings at Joint Settlement meeting following a joint meeting of fertility experts. It included £55,000 general damages, £14,000 for past financial losses and £126,000 which represented future fertility treatment.
