Case overview
This case involved a 17-year-old boy who suffered serious and avoidable harm due to a delayed diagnosis of a brain tumour. Craniopharyngioma is a benign but potentially life-altering brain tumour. At just seven years old, he presented to the paediatric department of the defendant hospital with concerning symptoms, including persistent headaches and early morning vomiting. Despite these red flags, he was discharged without a clear diagnosis or further investigation.
Several months later, following continued symptoms, an MRI scan was finally performed. It revealed the presence of a craniopharyngioma, which by then had grown significantly. The delay in diagnosis meant that by the time treatment began, the tumour had already caused irreversible damage, including the loss of sight in one eye.
The claimant underwent surgery followed by proton beam therapy, a relatively new treatment at the time. While the therapy was successful in managing the tumour, the long-term effects remained uncertain, adding further complexity to the family’s journey.
Legal challenges with two case
Liability was never admitted by the defendant, making this a long and hard-fought case. One of the central challenges was establishing a clear link between the delay in diagnosis and the loss of vision. The defence argued that the outcome may have been the same even with earlier intervention.
To address this, Moore Barlow instructed multiple expert witnesses to reconstruct the tumour’s growth trajectory and assess its impact on the claimant’s vision. This required a detailed analysis of medical records, imaging, and clinical timelines.
Another layer of complexity involved the relatively recent use of proton beam therapy. The family had to wait to understand its long-term effects before the full scope of the claim could be assessed. This meant the legal team had to remain flexible and responsive as new medical information emerged.
Why the family chose Moore Barlow
The family approached Moore Barlow seeking expert legal support to investigate the delay in diagnosis and secure compensation for the harm caused. They chose our team based on our extensive experience in paediatric and neurological claims, and our ability to handle cases involving emerging treatments and long-term uncertainty.
They needed a legal team that could not only navigate the medical complexities but also provide compassionate guidance through a deeply emotional process.
Our client focused approach
The case was led by medical negligence lawyers, Sarah Stanton, Partner and Kieran Thomas, Solicitor. Together, they worked with a team of expert witnesses to build a comprehensive timeline of events and a clear medical understanding of the tumour’s progression.
Despite the lack of admission from the defendant, the team prepared the case thoroughly for trial, ensuring all evidence was in place to support the claim. At the same time, they remained open to negotiation, and a settlement was reached just weeks before the trial date.
Case outcome
The case was successfully settled, with the claimant receiving provisional damages. This was a significant outcome, as it allows the claimant to return to court for further compensation should he lose sight in his remaining eye. The settlement provides long-term protection and financial security, ensuring that the claimant and his family can access the care and support they may need in the future.
This was a complex and emotionally charged case. Securing provisional damages was a significant outcome, offering peace of mind for the future.
Sarah Stanton – Partner | Medical Negligence
How Moore Barlow can help
We understand how difficult it is to bring a claim when you are living with an injury or illness but you can be assured our team of experienced medical negligence solicitors will provide you with expert legal advice and guidance every step of the way and also provide much needed practical and emotional support as part of our service when we assist with medical negligence compensation claims.
Sarah Stanton is a Partner in the Medical Negligence team at Moore Barlow. She specialises in high-value neurological and paediatric claims, with a focus on cases involving long-term care and rehabilitation.
Kieran Thomas is a Solicitor with expertise in complex medical negligence cases, particularly those involving delayed diagnosis and lasting impact on children and young adults.
