Seeking Justice for Delayed Care: The Story of Mr. Kenneth Valder at University Hospital Sussex

At Fletchers Solicitors, we are committed to seeking justice for individuals and families affected by substandard medical care including delays in treatment. We are currently representing the family of Mr. Kenneth Brian Valder, whose tragic experience underscores the critical importance of timely and coordinated cancer treatment within the NHS. We are also representing a group of other individuals who have sadly experienced similar issues with treatment at University Hospital Sussex in Brighton.

What happened in this case?

In 2020, Mr. Valder underwent chemotherapy for follicular lymphoma (a type of blood cancer that affects the lymph nodes) and was deemed to be in remission. However, in June 2021, he reported difficulty swallowing to his GP and was referred to the ENT team. An endoscopy was performed, but no evidence of disease or pathology was identified. By September 2021, his symptoms persisted, leading to another referral and an endoscopy in October, which revealed an impassable tumour in the oesophagus. Biopsies confirmed it was an adenocarcinoma (a cancer that forms in the glandular tissue, which lines certain internal organs and makes and releases substances in the body, such as mucus, digestive juices, and other fluids).

Delays and Disagreements in Treatment

In early November 2021, further tests, including an endoscopic ultrasound examination, were recommended but not conducted until January 10, 2022. Surgery was scheduled for January 25, 2022, at University Hospital Sussex in Brighton. However, disagreements among the medical team regarding Mr. Valder’s fitness for surgery and the consideration of alternative treatments, such as palliative radiotherapy followed by surgery, led to further delays.

Seeking a second opinion, Mr. Valder was evaluated at St Thomas’s Hospital in London, where he was deemed fit for surgery. He underwent a transhiatal esophagectomy in May 2022, and initially showed signs of recovery.

Formal Complaint and Subsequent Developments

In July 2022, Mr. Valder filed a formal complaint with the Trust concerning the delays in his care. The following month, the Care Quality Commission (CQC) suspended upper gastrointestinal cancer services at the Trust due to “serious safety and leadership concerns,” including poor attendance at multidisciplinary meetings and an insufficient mix of healthcare professionals.

Tragically, Mr. Valder passed away in November 2022 from metastatic oesophageal carcinoma. In May 2023, the Trust sent a letter of apology to Mr. Valder’s widow, acknowledging that some of the CQC’s concerns were pertinent to his care and stating efforts to prevent similar delays for future patients.

Independent Review Findings

This case sparked an independent review which was conducted in April 2024 and concluded that the duration of Mr. Valder’s investigation and treatment pathway was suboptimal, with a lack of urgency at each step. The government-recommended target for the investigatory pathway for oesophageal cancer is 62 days; Mr. Valder’s case significantly exceeded this timeframe.

University Hospitals Sussex is the focus of a separate police investigation into allegations of surgical negligence and cover-ups over dozens of deaths between 2015 and 2021. At Fletchers Solicitors, we are dedicated to holding healthcare providers accountable for lapses in care which can have devastating implications. We strive to ensure that families like Mr. Valder’s receive the justice they deserve and that systemic changes are implemented to prevent such tragedies in the future.

We are representing a group of people involved in a bid to seek justice, get answers and try an ensure this doesn’t happen again. If you or a loved one has been affected by delayed or inadequate medical treatment from University Hospital Sussex, please contact us for a Free consultation to discuss how we can assist you.