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Wolves fan whose cancer treatment was delayed in line for six-figure payout

The family of a cancer patient whose treatment was delayed for more than a year will receive a six-figure settlement following legal action.

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Wolves fan Daniel with his young son

Wolves fan Daniel Hemmings, a father-of-one from Halesowen, died in March 2014 four years after he first sought medical advice regarding a lump on his lower back which was growing in size and increasingly painful.

Following his death from carcinomatosis with spindle cell soft tissue sarcoma, Daniel’s partner Fallon Waldron, 28, carried on the case in an attempt to get answers for his death.

Now, the case has been settled for an undisclosed sum with the Dudley Group NHS Foundation Trust admitting Daniel should have been referred to a specialist cancer team more than a year earlier than he was.

A Trust boss said there was 'no evidence' its error had contributed to Daniel’s death.

Fallon, who lives in Halesowen with the couple’s six-year-old son Harry, said: “It is almost three and a half years since Daniel passed away and we all continue to miss him so much.

"It breaks my heart when Harry talks about daddy being in the stars because I am devastated that he will never have a lasting relationship with his father.

“I still look back in disbelief that it took around two years from Daniel complaining about the lump for it to be recognised for what it was.

“I just hope that if any good can come from the nightmare we have faced, it is that lessons can be learned which will ensure that the treatment and care received by others can be improved.

"This should simply not happen again.”

Daniel, who had Type 1 Neurofibramatosis which caused him to develop tumours in his nervous system, initially raised concerns with his GP regarding the lump back in 2010.

He was referred to Worcestershire Royal Hospital – which is managed by Worcestershire Acute Hospital NHS Trust – and an MRI scan was undertaken, but no follow-up appointment was then made to review the findings.

This led Daniel to assume everything was fine, but he contacted his GP once again with concerns about the lump in March 2011 and was this time referred to Russells Hall Hospital, which is operated by the Dudley Group NHS Foundation Trust.

Following an MRI and an ultrasound scan in September 2011, the lump was deemed to be a benign tumour and then removed in an operation in March 2012.

However, further tests then confirmed the tumour was in fact a malignant spindle cell sarcoma and a referral was made to the Royal Orthopaedic Hospital in Birmingham.

Daniel was not informed of this due to a mix-up related to his contact details and was only seen by the hospital in July 2012 when he received his diagnosis.

Treatment was then started, but Daniel died in March 2014.

The Dudley Group NHS Foundation Trust's chief executive Diane Wake said: "We would like to offer our sincere condolences to the family of Daniel Hemmings for their sad loss.

"The claim pursued by Daniel’s family has now been resolved by way of a joint settlement to reflect the complicated circumstances of his clinical management between 2010 and 2012.

"During this time, he was seen by clinicians at Worcestershire Acute Hospitals NHS Trust and The Dudley Group NHS Foundation Trust.

"In 2011, we misinterpreted a scan as reassuring. This delayed Daniel’s referral to the specialist cancer centre.

"We are very sorry for this error. This was carefully investigated and no evidence was found that our error contributed to Daniel’s death.

"We hope that this settlement helps to support Daniel’s family in the future."

A spokesman for Worcestershire Acute Hospitals NHS Trust said: “We would like to offer our sincerest condolences to Daniel’s family. We’re pleased to see that a settlement has been reached that reflects the difficult situation that the Hemmings family have been through.