Multi-million-pound settlement for woman brain injured as a result of negligent renal care

We have recently achieved a settlement for a woman who suffered a brain injury following negligent renal care.

The claimant, who was 55 years of age at the time of the negligent events, was a renal transplant patient requiring immunosuppression with drugs including Tacrolimus. Acting by her sister and litigation friend, she brought a claim against the defendant for alleged failings in the medical care afforded to her by its clinical staff at the NHS trust, in respect of a delayed diagnosis and treatment of posterior reversible encephalopathy syndrome (PRES), such that she suffered a large intracranial haemorrhage resulting in severe neurological disability, including a right hemiplegia. As a result, she is significantly dependent on others, lacks capacity and is a protected party.

The parties proceeded through the pre-action protocol for clinical disputes and the defendant denied liability in the letter of response. We issued and served proceedings and a defence was served, which made limited admissions of breach of duty but denied liability for the claimant’s neurological injury.

We obtained expert evidence in the fields of nephrology, neurology, haematology and neuroradiology in respect of breach of duty and causation. We obtained expert evidence on condition and prognosis and quantum in the fields of nephrology, neurology, neuropsychiatry, neuropsychology, speech and language therapy, physiotherapy, care and occupational therapy, professional deputyship costs and accommodation. There were experts of like discipline instructed on behalf of the defendant.

The claim proceeded all the way through a court timetable, culminating in joint discussions between the experts and ultimately settling in principle at a round table meeting six weeks prior to a 10-day trial on all outstanding issues of breach of duty, causation, quantum and condition and prognosis. The damages were comprised of a lump sum award and a periodical payments order for care and case management annual costs, guaranteed for the remainder of her lifetime. Given that the claimant is a protected party, the matter was heard at an approval hearing at the High Court and the settlement was approved by the judge. The claimant has the benefit of an anonymity order.

Commenting on this settlement, Lucie Prothero, senior associate who specialises in brain injury cases, said: “This was a highly complex clinical negligence claim which settled shortly prior to trial. The settlement that we were able to reach for our client will be life-changing for her, in terms of being able to improve her quality of life. She will now have the funds to put in place a private package of round-the-clock care, overseen by her deputy and case manager, together with therapy and treatment from a private physiotherapist, occupational therapist, speech and language therapist, neuropsychiatrist and neuropsychologist. The funds will also enable her to purchase and adapt a suitable property to meet her needs and give her the quality of life she rightly deserves. It gave me an immense sense of achievement to reach this result for this claimant, and I know how much this means to her and her family.”