Claimant’s wife was diagnosed as suffering from breast cancer and underwent chemotherapy at Defendant hospital. Treatment was given without antibiotic cover and she subsequently died from neutropenic sepsis. Claimant brought an action under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934, alleging negligence for delay in diagnosis of breast cancer, method of administering chemotherapy and delay in diagnosis and treatment of the neutropenic sepsis. Claimant alleged that but for the negligent mismanagement his wife’s cancer would have been treated and she would have had a normal life expectancy and been able to continue to work as a librarian and care for their nine year old son.

Liability admitted but Defendant submitted that with treatment a year earlier the Claimant’s wife (aged 50) would still not have had a normal life expectancy.

Out of court settlement: £250,000 (General Damages £30,000).