§ PUBLISHED JUDGMENT · 2024
Wilma Agnes Cullen v Dr Ruth Henniker-Major
[2024] EWHC 2809 (KB)·High Court (King's Bench Division)·7 November 2024
A GP saw Ms Cullen three times over five weeks with a persistent cough, sore throat and tiredness but did not make an urgent cancer referral; her laryngeal cancer was diagnosed at stage III about three months later. Liability was admitted, and the trial dealt with disputed care costs and the defendant's allegation that she had been fundamentally dishonest, which the judge rejected.
Outcome
Claimant succeeded
Sum stated in judgment
Not stated
Claim type
Cancer Misdiagnosis & Delayed Diagnosis
Decided
Damages assessed at trial
§ WHAT HAPPENED
The facts, in brief.
Defendant: Dr Ruth Henniker-Major (general practitioner)
Injury: Stage III supraglottic laryngeal cancer diagnosed late, requiring chemoradiotherapy, total laryngectomy and bilateral neck dissections with severe chemotherapy complications; permanent stoma and voice valve
Specialty: General practice / head and neck oncology · England
§ WHAT THE COURT SAID
In the judgment’s own words.
“I assess the multiplicand for the future care claim at £96,680. The multiplier is agreed at 13.3. This produces an award of £1,285,844.”
The money
No single grand total is stated. Agreed heads at [4] include general damages of £100,000. The judge awarded future care of £1,285,844 (multiplicand £96,680 x agreed multiplier 13.3, [303]), future travel £49,500 ([305]), future psychological therapy £6,000 ([307]) and future equipment £30,687.58 ([309]). Lump sum, no PPO. Allegations of fundamental dishonesty were rejected ([277]).
§ WHY IT MATTERS
What this case shows.
A delayed cancer referral claim turns on what extra treatment the delay caused; here the admitted delay meant chemotherapy, a total laryngectomy and neck dissections that earlier diagnosis would have avoided. Social media posts relied on to allege dishonesty were found not to contradict her evidence.
Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.
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