NHS Trust admits liability in long-running chemotherapy scandal

• University Hospitals Coventry and Warwickshire NHS Trust (UHCW) admits failings in care and makes its first formal admission of liability in prolonged chemotherapy scandal.
• The admission represents the first time that the Trust has formally acknowledged wrongdoing in relation to the scandal, which has affected patients over more than two decades.
• Lawyers say that the admission is a “turning point” for affected patients and expect similar admissions across more than 40 people affected.
• Questions remain over how the over-prescription regime was allowed to continue for more than two decades and why patients were denied transparency and timely accountability.

Our lawyers who are representing cancer patients treated at University Hospitals Coventry and Warwickshire NHS Trust (UHCW) have described the Trust’s first admission of failings and first formal admission of liability in the prolonged chemotherapy scandal as a “turning point” and say that they firmly expect the Trust to make similar admissions across the remaining cases.

In legal proceedings brought by Brabners on behalf of Michael Grady — a former patient of Professor Ian Brown, the neuro-oncologist at the centre of the scandal — the Trust has admitted that adequate consent wasn't obtained for prolonged chemotherapy and has accepted a causal link between the over-prescription of temozolomide (TMZ) and the harm that he suffered. 

This admission represents the first time that the Trust has formally acknowledged wrongdoing in relation to the scandal, which has affected patients over more than two decades.

We're representing more than 40 current and former patients who were subjected to the same treatment regime under the same clinicians. The evidence and circumstances across the cases are so similar that further admissions are strongly anticipated. We've called on the Trust to act with urgency, transparency and honesty in resolving outstanding cases, rather than forcing each individual through protracted legal battles. 

The Trust is expected to set out its defence position on the remaining cases over the summer. 

"Vindication for every patient who has had the courage to come forward"

Fiona Tinsley, our Partner and Head of Clinical Negligence & Serious Injury, said: “This admission is a vindication for every patient who has had the courage to come forward. It confirms what we have been saying for nearly two years — that patients were subjected to prolonged, harmful treatment without proper consent and that the Trust’s actions caused serious, avoidable harm.

What makes this turning point truly significant is what it means to the more than forty other patients under the care of Professor Ian Brown that we represent. They were subjected to the same regime, told the same things and suffered the same devastating consequences. The evidence is overwhelming and the pattern undeniable. We believe that the Trust will now need to address this consistently across those cases.

The question now is whether the Trust will do the right thing and settle these cases proactively or whether it will force seriously unwell patients — some of whom are dying — to fight every step of the way. Some have already died while waiting for justice. The Trust has admitted liability in one case. It should now face up to its responsibilities across all of them.”

Prolonged, off-guideline use of temozolomide (TMZ) chemotherapy

The cases that we've brought against the Trust centre on the prolonged, off-guideline use of temozolomide (TMZ) chemotherapy at UHCW over more than two decades. Patients with brain tumours were routinely prescribed the drug for years — in some cases over a decade — despite national guidance recommending a maximum of 12 months and little evidence of benefit for prolonged use.

The regime was overseen by retired neuro-oncologist Professor Ian Brown and clinical nurse specialist Ian Edwards, both of whom have since left the Trust. Patients were told that the treatment was lifesaving but the Trust later confirmed that it was neither evidence-based nor aligned with NICE guidance. As a result, patients have suffered devastating harm, including infertility, secondary cancers, chronic fatigue, loss of career and profound psychological distress.

We're urging any current or former patients who may have been affected to seek independent legal advice.

Michael Grady’s case

Michael Grady was 25 years old when he was diagnosed with a brain tumour in February 2019. Following transformation to high-grade disease, he underwent surgery in November 2020 and received an initial course of radical chemoradiotherapy, including six months of TMZ chemotherapy, in-line with standard protocols.

However, following the completion of this treatment in July 2021, his care was transferred to Professor Ian Brown. Despite his scans showing stability, Michael was prescribed approximately 22 additional cycles of TMZ over the following two and a half years — far exceeding national guidance, which recommends a maximum of 12 months of treatment. He was also prescribed high-dose steroids without clear clinical indication, compounding the side effects.

Michael suffered chronic fatigue, joint and muscle pain, nausea, anxiety, depression and a persistent fear of death. He was advised that the treatment was necessary to prolong his survival. In reality, the prolonged regime was not supported by evidence. He stopped treatment at his own request in January 2024 due to the debilitating effects, only learning through media coverage that the prolonged regime was unsupported by evidence. He is now at increased risk of developing secondary blood cancers and other serious long-term health complications.

While the Trust’s admission in Michael’s case vindicates his and many other patients’ stories, our lawyers argue that it raises further questions about how such consistent failures were allowed to continue by the Trust. 

Fiona Tinsley said: “This admission is a milestone but it's only the beginning. It doesn't answer the deeper, more troubling questions. How was such harmful over-treatment allowed to happen for over 20 years? Why did no one intervene? How did systems allow chemotherapy to be prescribed and dispensed month after month, year after year, without adequate scrutiny? Why did UHCW spend more than ten times more on TMZ than comparable NHS hospitals? And why has it taken legal action to force the Trust to confront what it did and what it enabled?

Patients deserve not just compensation but answers, accountability and assurance that lessons have been learned. The Trust’s admission is a start — but there's a long way to go.”

Our involvement

We first raised the alarm in 2024 after being approached by a former patient who had been prescribed TMZ for over 16 years. Since then, more than 40 patients have come forward and multiple regulators have opened investigations, including the GMC (which has imposed fitness to practise restrictions on Professor Ian Brown), the GPhC, and the CQC. The Trust has also commissioned a Royal College of Physicians review but this has been criticised as too narrow in scope and lacking patient involvement.

Despite ongoing investigations, there has been little visible progress, minimal communication to affected patients and repeated delays. Some patients have died while waiting for answers. 

We've previously called on the Trust to honour its duty of candour, stop delaying legal proceedings, and prioritise transparency — yet delays continue and some patients have died while waiting for answers.

Talk to us

If you’re a current or former patient and have concerns about your treatment, we can help you to understand what went wrong and how to seek justice.

As the leading national firm in uncovering and addressing negligence in these cases relating to brain tumours and neurosurgery care, our specialist team provides:

• Full review of tumour pathology, scan interpretation and neurosurgical decision-making.
• Expert opinions from neurosurgeons, neuroradiologists, neuro-oncologists and neuropathologists.
• Explanation of what went wrong and where errors occurred.
• Guidance through NHS complaints and legal claims.
• Support in securing compensation for the physical, emotional and financial impact.

You can speak to us confidentially for free, no-obligation advice. We can also come to meet you where you’re located.

We offer a free initial consultation and most claims proceed under a ‘No Win, No Fee’ agreement.

Taking the first step can make all the difference. Talk to us by giving us a call on 0333 004 4488, sending us an email at medneg@brabners.com or completing our contact form.

Find out more about chemotherapy negligence and brain and spinal tumour negligence, as well as how to make a claim.