Man secures £190,000 settlement due to loss of hearing following delayed diagnosis

What happened

A man has secured a £190,000 settlement from Manchester University NHS Foundation Trust after a delayed diagnosis of a cholesteatoma, a non-cancerous cystic growth, caused loss of hearing in his right ear.

During his childhood, Damian* had suffered hearing problems in his right ear. In 2009, he received medical support from Royal Manchester Children’s Hospital when he was four years old.

Under anaesthetic, the hospital’s medical consultant examined Damian, and recorded that there was no evidence of a cholesteatoma. If left untreated, cholesteatoma can erode nearby bone, cause hearing loss, and lead to serious infection.

A grommet, a tiny tube inserted into the eardrum to ventilate the middle ear and prevent fluid buildup and commonly used to treat glue ear or recurrent ear infections, was inserted into his right ear. However, he continued to suffer symptoms of infection and discharge.

Damian attended further hospital appointments to examine his ear and underwent a additional operation under anaesthetic. The hospital failed to recognise evidence of cholesteatoma. The grommet was removed, and he was prescribed antibiotics.

After his symptoms proceeded to continue, Damian’s parents sought specialist support by approaching a private consultant. After attending the private clinic, the consultant shared concern for his symptoms and Damian was admitted to theatre shortly after for treatment.

The operation determined that Damian had an extensive cholesteatoma and on removal of the cyst, a significant portion of his eardrum and the ossicles, very small bones in the middle ear, also had to be removed. As a result, Damian was left with hearing loss in his right ear.

What we did

Rachal Shafar, a senior associate solicitor at Slater and Gordon worked to support Damian to secure the settlement.

She said: “We worked with Damian and his family to determine the extent of negligence by the Hospital Trust, obtaining early admission of liability after medical records were obtained.

“With the support of an independent medical expert, we could understand the full extent of the damage caused, and we gathered documentation that clearly evidenced the losses incurred, including loss of earnings and private medical costs.”

Results

By building such a strong case, Rachel and the medical negligence team secured a substantial settlement of £190,000 for Damian, which included support for future loss of earnings, medical costs and hearing aid support due to the lasting impact his injury will have.

Rachel said: “Damian and his family showed strength and perseverance throughout this process. They pushed for answers and advocated for Damian, but by the time they came to understand what had happened, significant damage had already been done by the Hospital Trust.”

“We are pleased to have secured a settlement that will help Damian manage the impact of his hearing loss more comfortably.”

Hear from Damian

Damian is thrilled with the support of Rachel and the team at Slater and Gordon.

He said: “The hospital had multiple chances to identify what I was going through, but these opportunities were missed. Not only was I left suffering ear pain for several months, but the hospital’s negligence ultimately resulted in hearing loss which has and will affect me for the rest of my life.

“This has been a long process, but Rachel’s hard work, dedication, and perseverance have led to a fantastic result. Whilst the settlement will not undo what has happened, it has brought a sense of closure and comfort.

“I could not have asked for better representation and am incredibly grateful for the support Rachel has provided. Both Rachel and the team at Slater and Gordon have my deepest appreciation and respect for everything they have done to secure this settlement.”

*Our client's name has been changed for anonymity