In one of the highest ever awards of damages, Janet Wardle secured a settlement with a capital value of over £13,000,000.00 for DR, a 8 year old child who at the age of 4 weeks was taken to hospital where the treating Clinicians failed to carry out appropriate investigations and perform an adequate examination resulting in substantial delay in the diagnosis of E.Coli sepsis and meningitis, causing very severe brain damage. Sadly, DR is very severely disabled both physically and cognitively. He requires around the clock care. DR received a seven figure lump sum together with periodical payments for the rest of his life to ensure that he will receive the extremely high level of professional care that he will require.
Tom Barnes acted for a 38 year old lady who received £200,000.00 damages for latent radiation damage to her bladder and bowels following treatment for cervical cancer. This was an extremely interesting case as it explored the law in respect of informed consent. MB’s injuries did not arise as a result of the negligent administration of chemo-radiotherapy, but this was the only treatment option put to MB. However, it was MB’s case that there was another option i.e. radical hysterectomy which she would have chosen had she been so advised by the treating Clinicians. The case settled shortly before trial, but had the matter proceeded to trial, then it would almost inevitably have ended up in the Court of Appeal as the parties did not agree the extent to which a Clinician has a duty of care to their patient to advise them of all reasonable treatment options.
Miss W, now aged 22, sustained a fracture to her left arm following a fall. Miss W underwent surgery on her left arm at the Defendant hospital and required further surgery the following day as the metalwork used during the first surgery had not been adequately positioned. Miss W also exhibited signs of nerve damage and there was a failure to identify this at the time of either the first or second surgery.
There was therefore a delay in identifying and treating the nerve injury resulting in Miss W suffering additional pain, weakness and a loss of mobility in her hand and wrist.
The Defendant accepted that they had breached their duty of care towards Miss W in failing to identifying the nerve damage yet they maintained that there was no long-term consequences as a result. The claim was settled in the sum of £37,500.
Mr T, now aged 24, sustained a fracture of his left tibia and fibula. He experienced a delay in diagnosis of compartment syndrome at the Defendant hospital leading to severe muscle and nerve damage in his left foot and leg resulting in permanent deformity, reduced immobility, loss of function, pain and psychiatric after effects.
The Defendant accepted the delay in diagnosis, however, they denied the extent of the injury, loss and or damage sustained as a consequence of the delay rather than the original traumatic injury.
Court proceedings were issued but before the matter reached trial we were able to agree a settlement and Mr T received £300,000.
The High Court in London have approved the settlement of a claim for a child who was born with mild cerebral palsy resulting in left sided weakness and some developmental delay. The claim arose as a result of a failed attempt by the obstetrician at forceps delivery on four occasions resulting in Miss P suffering a subgaleal haemorrhage as a result of direct trauma.
Liability was denied throughout but we are pleased to report that we were able to obtain a substantial settlement for Miss P through settlement negotiations with the defendant solicitors, formal litigation and with the approval of the High Court.
Mr D, now aged 71, suffered a severe ankle sprain. Despite several attendances at his local hospital and repeat attendances at his GP, he was never offered appropriate treatment from an Orthopaedic Consultant. Mr D continued to experience significant problems with his mobility and his independence was greatly affected.
Expert evidence was obtained which revealed that Mr D should have been seen by an appropriate Consultant and, if he had been, he would probably have made an almost complete recovery from the injury. The Defendant had missed the opportunity to treat Mr D and it was therefore highly unlikely that normal functionality could later be restored. No such treatment was ever offered by the Defendant in any event.
The Defendant accepted that Mr D had not been seen by an appropriate Doctor, but maintained that even appropriate treatment would not have materially improved the ankle function.
The matter was listed for Trial, but before it commenced the Defendant requested a joint meeting. The parties ultimately agreed to settle the claim and Mr D received £65,000, which reflected his other health concerns.
Received £750,000 following the birth of her son with severe neurological disabilities that should have been picked up during pregnancy.
Born with cerebral palsy due to the failure of hospital to respond to fetal distress during labour. The child received a lump sum payment of £2 million pounds together with an annual sum of £320,000 for the rest of his life to pay for his care.
Mr S, aged 64, underwent a revision of his total knee replacement. He remained unsteady on his feet but was encouraged to use a non-disabled shower facility at the hospital despite having disabled facilities at home. He suffered a fall whilst showering. He required further surgery and his recovery compromised.
Expert evidence was obtained from a Nurse, Orthopaedic Consultant and General Physician. Mr S ultimately received £62,000 in compensation. The award reflected his other medical difficulties.
Mr T, aged 26, fell onto his outstretched hand during a work party. He attended his local walk-in centre the following day, where he was reassured no damage had been done. Three weeks later, Mr T presented to his GP, as the wrist remained painful. He was referred for an urgent x-ray which revealed a fractured scaphoid. Conservative treatment was attempted but ultimately Mr T required several surgeries on his wrist and may require more in the future.
Had the scaphoid fracture been identified immediately, he was likely to have avoided all surgery. The claim was settled in the sum of £71,000
Mrs F, aged 83, was generally fit and well when she underwent a total knee replacement in 2012. She suffered a fall due to the instability of the replacement knee and then developed an infection, which was not treated for several weeks. Mrs F required extensive surgery on her knee to treat the infection and remained in hospital for several months. Ultimately, the treatment was futile and the leg was amputated above the knee.
Sadly, Mrs F died during the claim process, but her estate received £100,000 in compensation as a direct result of the negligence she suffered.
Miss FM, aged 36, underwent surgery for an anterior cruciate ligament (ACL) reconstruction at BMI Hospital in 2011. The ACL failed one year later. An MRI showed that the original surgery had been poorly performed. The Claimant required significant further surgery and will need a total knee replacement much earlier than she would otherwise require.
Miss FM accepted a sum of £62,500 in settlement of her claim.
Mr R, aged 44, suffered from high pressure (glaucoma) in both of his eyes. He was told he would have surgery to reduce the pressure, and was consented to the same. The hospital failed to list him for surgery, and, during the extended delay, Mr R became totally blind in one eye.
His claim settled in the sum of £45,000. The value of the claim reflected the fact that the eye which went blind was “lazy” and had only 50% vision prior to the negligence.
Mr B, aged 73, was diagnosed with piles during an assessment at hospital for poor digestion. Ten months later, it was discovered that Mr B did not have piles, but anal cancer. He suffered a further tumour in the lung which was believed to be a metastasis of the anal cancer, and which would not have occurred but for the delay in diagnosis and treatment. Mr B underwent surgery for the removal of half of one lung, which appeared curative.
The claim was settled in the sum of £40,000 which reflected Mr B’s other life-limiting medical conditions.