Woman who had six years of unnecessary chemotherapy to sue NHS

A mum is taking legal action against the NHS after spending six years undergoing gruelling chemotherapy she didn’t need.

Samantha Smith, 45, was diagnosed with a brain tumour and told she needed surgery, radiotherapy and long-term chemo under the care of University Hospital Coventry.

Despite guidelines saying patients should receive just six months of the drug, Samantha was kept on it for six-and-a-half years.

On the advice of her consultant oncologist, Professor Ian Brown, she underwent years of treatment, only being told to stop after Brown retired. He is now under investigation by the General Medical Council.

Mother-of-three Samantha has now called in lawyers to investigate her care amid fears other patients may also have had unnecessary treatment.

Samantha, who lives with partner Mark and their three children in Bromsgrove, Worcestershire, has also been unable to work since her diagnosis.

Samantha said: ‘Undergoing chemotherapy is a gruelling process and I’ve been very unwell for the best part of a decade. But I told myself it was all worth it to get better. So to find out that around six-and-a-half years of my treatment wasn’t needed came as a huge shock.

‘I feel like that part of my life has been stolen from me, as I spent so long unable to function properly and just getting by day-to-day. I also had the burden of getting myself to monthly blood tests, collecting my tablets and keeping myself protected during the pandemic, which wasn’t easy when I felt as ill as I did.’

Samantha said to this day, she struggles with fatigue, infections, and rotting teeth – along with being unable to work.

‘I can’t move my right side leg upwards and can’t move my shoulder,’ she added.

‘All I want to do now is get some answers and help make sure it doesn’t happen to anyone else.’

Samantha was first diagnosed with a brain tumour in May 2014 and had surgery, but part of the tumour couldn’t be removed.

Regular MRI scans were carried out, and Samantha was told in 2021 – seven years later – her condition was stable, and she could stop taking the medication.

It was only after Professor Brown retired that it was discovered Samantha had undergone six-and-a-half years of unnecessary chemotherapy.

The University Hospitals Coventry and Warwickshire NHS Trust (UHCW), which was responsible for employing Professor Brown, said it was carrying out an internal review into what happened and the prolonged use of the medication in question.

It has written to the family and said it is ‘very sorry for the excessive treatment’ and the impact it’s had on Samantha.

In its correspondence, the trust stated that the extended course of chemotherapy Samantha received was not in line with national guidelines and was ‘not supported by scientific evidence.’

It also confirmed that ‘actions have been implemented’ to ensure this doesn’t happen again.

These include stopping the medication at six or 12 cycles, as well as additional input from a clinician, nurse and pharmacist to document the diagnosis and treatment plan at the outset.

Prof Brown has now been referred to the General Medical Council after it is believed that another patient underwent more than 14 years of chemotherapy over-treatment.

Leanne Atkinson, the medical negligence lawyer representing Samantha, said: ‘Samantha had every faith in what she was being advised, so to be told that more than six years of medication administered to her was completely unnecessary has left her devastated and with so many questions.

‘It’s also deeply worrying to hear that Samantha’s case doesn’t appear be an isolated one and that the care provided to a number of patients is now being investigated.’

The University Hospitals Coventry and Warwickshire NHS Trust has been approached for comment.

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