CG v NIGDIKAR (2013)
AM0202405
Lawtel reference: AM 0202405
Age of Claimant: 29
Injury: Severe blood loss following tooth extraction
Total Damages: £4,000
Damages for Pain, Suffering and Loss of Amenity: £4,000
The Claimant alleged that the Defendant performed an
inappropriate extraction, as her INR was unstable.
The Claimant was said to have experienced pain, discomfort and
emotional stress as she had to be hospitalized for three days whilst her
bleeding was brought under control. She was rendered anaemic (albeit
temporarily) and required additional trips to her GP.
XV v MAYDAY HEALTHCARE NHS TRUST (2012)
Lawtel reference: AM 0202399
Age of Claimant: 31
Injury: wrongful birth claim
Total Damages: £2,300,000
Pain, Suffering and Loss of Amenity: £35,000
The Claimant’s partner’s family had a
history of spinal muscular atrophy (SMA) and that she was concerned that her
unborn child might have the condition. Although the midwife made a note of
this, the Claimant was not offered an appointment with a consultant or any
diagnostic test.
The Claimant’s baby was born with
congenital spinal muscular atrophy.
The Claimant’s evidence was that if she had
been offered the test, she would have taken it and would have undergone further
screening. She asserted that, after counselling, she would have opted to have a
termination.
BLYTH v (1) NORTHERN LINCS
& GOOLE HOSPITALS NHS TRUST (2) UNITED LINCS HOSPITALS NHS TRUST (2013)
Lawtel reference: AM0202382
Age of Claimant:, 23
Injury: ectopic pregnancy.
Total Damages: £5,500
Damages for Pain, Suffering and Loss of
Amenity: £5,363.75
CS v NORTH YORKSHIRE & YORK PRIMARY
CARE TRUST (2013)
Lawtel reference: AM0202384
Age of Claimant: 69
Injury: pain and suffering following negligent hip replacement
Total Damages: £75,000
Damages for Pain, Suffering and Loss of Amenity: £35,000
The Claimant was said to have experienced
severe pain and discomfort for a period of twelve months prior to revision
surgery including numbness in her right side and numerous fallsand to have
undergone an unnecessary hip revision.
SPENCER v ONCERIU (2013)
Lawtel reference: AM0202391
Age of Claimant: 60
Injury: tongue laceration during dental procedure
Total Damages: £902
Damages for Pain, Suffering and Loss of Amenity: £750
The duration of the injury was three weeks.
EK v BIRMINGHAM WOMEN'S NHS
FOUNDATION TRUST (2013)
Lawtel reference: AM0202388
Age of Claimant: 32
Injury: failure to identify and treat internal bleeding and
bruising leading to physical symptoms and psychiatric injury
Total Damages: £40,000
Damages for Pain, Suffering and Loss of Amenity: £37,000
The Claimant suffered a delay in internal
bleeding being diagnosed and treated. Whilst she was suffering the symptoms of
the bleed, she was scared and had a genuine belief that she would die.
PENDLEBURY v F & H (2013)
Lawtel reference: AM0202383
Age of Claimant: 55
Injury: failure to diagnose and treat periodontal disease
Total Damages: £35,000
Damages for Pain, Suffering and Loss of Amenity: £16,000
The Claimant suffered bone loss of 80% in
UR5 UR4 UR2 UL4 and UL5. She had to have extractions of several teeth and
underwent implant replacement.
TH v NORTH YORKSHIRE & YORK PRIMARY
CARE TRUST (2012)
Lawtel reference: AM0202385
Age of Claimant: 67
Injury: pain and suffering following negligent hip replacement.
Total Damages: £100,000
Damages for Pain, Suffering and Loss of Amenity: £30,000
The Claimant suffered 20 months pain and
suffering and had to undergo unnecessary revision surgery.
XXX v BARNET & CHASE FARM HOSPITAL NHS
TRUST (2013)
Lawtel reference: AM0202374
Age of Claimant: 10
Injury: injuries following a failure to diagnose pneumococcal
meningitis
Total Damages: lump sum of £2,900,000 plus periodical payments
Damages for Pain, Suffering and Loss of Amenity: £275,000
The Claimant suffered severe spastic
quadriparetic cerebral palsy, epilepsy, sensorineural deafness and significant
learning difficulties. The Claimant would require care for the rest of his
life.
KA v DERBYSHIRE HEALTH UNITED (2013)
Lawtel reference: AM0202368
Age of Claimant: 22
Injury: injuries arising from failure to diagnose gastric
perforation
Total Damages: £80,000
Damages for Pain, Suffering and Loss of Amenity: £40,000
The delay in diagnosis led to complications,
including a chest and wound infection. The Claimant also had scarring,
psychological injuries, and would potentially experience fertility problems in
the future.
TMR v ROYAL DEVON & EXETER NHS
FOUNDATION TRUST (2013)
Lawtel reference: AM0202371
Age of Claimant: 30
Injury: failure to carry out appendicectomy as part of surgical
treatment for ovarian cancer
Total Damages: £8,500
Damages for Pain, Suffering and Loss of Amenity: £7,500
The Claimant underwent a total abdominal
hysterectomy and removal of the remaining ovary followed by infra-colic
omentectomy and paraaortic node sampling. She had been told that she would also
require an appendicectomy But this was not in fact carried out.
The Claimant had to endure a third open
surgery procedure, and thereafter spent weeks recuperating from this.
JLH v COUNTY DURHAM & DARLINGTON NHS
FOUNDATION TRUST (2013)
Lawtel reference: AM0202372
Age of Claimant: N/A (Fatal Claim)
Injury: Post partum haemorrhage, hypothermia, hypovolaemia
Total Damages: £565,000
Damages for Pain, Suffering and Loss of Amenity: £17,000 (est)
At the inquest, the coroner gave a narrative verdict, stating
that medical management of the postpartum haemorrhage, subsequent hypothermia
and possible hypovolaemia, together with a lack of medical and midwifery communication,
contributed to the Deceased’s subsequent medical complications which ultimately
led to her death.
Claims were brought under the Law Reform (Miscellaneous
Provisions) Act 1934 and the Fatal Accidents Act 1976.
TH v THE LEEDS TEACHING HOSPITALS NHS TRUST
(2013)
Lawtel reference: AM0202370
Age of Claimant: 58
Injury: pressure sore
Total Damages: £25,000
Damages for Pain, Suffering and Loss of Amenity: £23,000
The Claimant received poor post-operative
care and developed a pressure sore which was said to be grade 2. It was dressed
daily, but developed into a grade 3 lesion. The pressure sore gradually
improved, but the Claimant was left with scarring and pain.
JN v (1) EAST CHESHIRE NHS TRUST (2) ST
HELENS & KNOWSLEY TEACHING HOSPITALS NHS TRUST (2013)
Lawtel reference: AM0202373
Age of Claimant: 60
Injury: amputation of right leg
Total Damages: £1,100,000
Damages for Pain, Suffering and Loss of Amenity: £100,000
The Claimant was examined in November 2007
in the Defendant’s Emergency Department. She was seen by a senior house officer
who did not note the pain in the Claimant’s legs or coldness of her feet (although
the Claimant’s son later insisted that both he and C had provided such
information). The Claimant claimed that there were further opportunities to
identify vascular compromise that were missed.
The case settled without admission of
liability.
TCM v WARDLE (2013)
Lawtel reference: AM0202376
Age of Claimant: 73
Injury: tongue laceration
Total Damages: £14,500
Damages for Pain, Suffering and Loss of Amenity: £12,000
The Claimant’s tongue was lacerated during
a dental procedure. Liability was denied. The Claimant had permanent symptoms
of paraesthesia and some psychological symptoms .
H v ANEURIN BEVAN LOCAL HEALTH
BOARD (2013)
Lawtel reference: AM0202378
Age of Claimant: 40
Injury: delay of 11 days in diagnosing ulna fracture leading to
surgical intervention
Total Damages: £1,500
Damages for Pain, Suffering and Loss of Amenity: £1,500
A v BEDFORD HOSPITAL NHS TRUST (2013)
Lawtel reference: AM0202377
Age of Claimant: 53
Injury: perforated bowel
Total Damages: £54,000
Damages for Pain, Suffering and Loss of Amenity: £35,000
AW v OXFORD UNIVERSITY HOSPITALS NHS TRUST
(2012)
Lawtel reference: AM0202367
Age of Claimant: 46
Injury: severe bleeding (caused by administration of excessive
heparin) which caused infection in the knee
Total Damages: £196,000
Damages for Pain, Suffering and Loss of Amenity: £40,000
The Claimant had significant knee symptoms
for which she underwent a total knee replacement. Tests undertaken prior to
surgery were said to confirm that she had antiphospholipid syndrome conferring
a thrombotic tendency and that she needed to remain on warfarin for the rest of
her life. It was stated that she needed 'good thromboprophylaxis' following a
total knee replacement.
When the Claimant was admitted for her left
total knee replacement, she underwent a heparin infusion and her records noted
UFH 25,000 in 50ml. Following the operation, the heparin was stopped and C was
noted to be feeling unwell and faint, and blood was oozing from her wound. C
was subsequently transfused four units of blood and was seen by consultants. It
was noted that C was feeling faint and light-headed and that there had been
lots of fresh oozing from the wound overnight but there was no evidence of
compartment syndrome. On investigation, it appeared highly likely that the
post-operative syringe driver contained 125,000 units of UFH rather than 25,000
units and this would explain the over anticoagulation and bleeding.
The Claimant suffered pins and needles and
blistering in the knee. She underwent blood transfusions. She developed an
infection in the with sudden pain, redness and swelling of the left knee and
was referred to hospital where she underwent a surgical washout and
debridement.
The Defendant admitted breach of duty but
disputed causation and the claim was settled.
SZ v TEACHING HOSPITAL NHS TRUST (2013)
Lawtel reference: AM0202398
Age of Claimant: 27
Injury: paraplegia
Total Damages: £2,977,000 lump sum and periodical payments of
£100,000 per annum rising to £154,000 after 10 years.
Damages for Pain, Suffering and Loss of Amenity: £220,000
The Claimant underwent a pancreatic
transplant aimed at managing his diabetes. Pain relief was to be managed via a
spinal block, but the anaesthetist had difficulty inserting the Tuohy needle.
At the third attempt, the Claimant’s spinal cord was damaged, rendering him
paraplegic.
Liability was admitted.
The Claimant worked in a builders'
merchants on a management trainee programme at the time of his injury. He had
always worked in employment of a manual nature. C was therefore at significant
disadvantage on the labour market and had failed to hold down any continuous
employment at the date of settlement.
The Claimant needed to be urgently rehoused
in a council property. Interim damages were thereafter sought to rehouse C in a
property more appropriate to his needs.
The settlement was approved by the Court.
The full breakdown is available on Lawtel.
NF (ON BEHALF OF THE ESTATE OF X DECEASED)
v BLACKPOOL TEACHING HOSPITALS NHS FOUNDATION TRUST (2013)
Lawtel reference: AM0202397
Age of Claimant: N/A FAA CLAIM
Injury: pressure sores
Total Damages: £30,000
Damages for Pain, Suffering and Loss of Amenity: £10,000
The Claimant fell and fractured her left
humerus whilst an inpatient. She had previously been assessed as having a high
risk of falling. She developed several pressure ulcers on her body including
one grade two ulcer on her sacrum. Her condition deteriorated and she died.
