Lady receives £1 million compensation following mismanagement of Herpes Simplex Encephalitis (HSE)

Our client was 52 when she presented to hospital with a headache, vomiting, generalised abdominal pain and diarrhoea. Her family also remembered that she was confused and said they reported this to the clinical staff.

Her condition deteriorated. Two days later, doctors suspected Herpes Simplex Encephalitis (HSE), a serious infection that affects the brain. They started treatment with acyclovir, an antiviral medication, the following day.

Our client was discharged to a rehabilitation centre two months later for neurorehabilitation. She then returned home to her family.

Our client continued to experience concentration and memory problems, fatigue, personality changes and irritability.

The claim argued that doctors should have suspected HSE when she first arrived at hospital and started acyclovir that same day. The case put forward was that earlier treatment would have helped her make a good recovery in a shorter time, with only minor ongoing cognitive problems.

Before becoming ill, our client worked as a demonstrator for professional goods. She also helped look after her grandchildren.

Her ongoing difficulties meant she could no longer manage life as she had before. She became dependent on care and support from her family.

The effects of her illness therefore extended beyond her own health, placing a greater responsibility on those close to her to support her day to day.

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Clinical negligence solicitors were instructed to investigate the treatment our client received. Independent medical experts reviewed the case and supported the argument that doctors should have suspected HSE on admission and started treatment earlier.

The team on the case issued and served legal proceedings. The hospital Trust admitted that our client had HSE and that she received an insufficient dose of acyclovir when treatment began. However, the remaining allegations were disputed, and the Trust also raised a defence based on the time limit for bringing the claim.

These disputes made the case more complex. The team on the case continued to pursue compensation despite the challenges.

Shortly after the Trust’s defence was received, its solicitors made an offer to settle the claim for £1 million, together with the family’s legal costs.

This offer brought the claim to a resolution without the need to continue through the full court process.

The settlement followed the investigation into our client’s treatment and the review of her case by independent medical experts.

The settlement included awards for our client’s loss of earnings, the care provided by her family and deputyship.

This recognised the financial impact of her illness and the support her family had provided. The compensation was intended to address these needs following the lasting effects of HSE.

Our client’s litigation friend described the experience of working with the legal team:

“Tim Spring explained everything in non-legal terms and made us, particularly my mum, feel comfortable. He, Nigel and Mala have been great and gave very clear advice about, and during, the process. Mum is very pleased with the outcome.”

If you or someone close to you has experienced harm following delayed diagnosis or treatment, Fletchers can help you understand your options.

Contact us today to discuss your circumstances with our medical negligence team.