Six figure sum received by man following delay in diagnosis of autoimmune encephalitis

Our client, now in his 50s, was eventually diagnosed with anti-IgLON5 autoimmune encephalitis after experiencing symptoms for more than three years.

During that time, he sought medical advice on numerous occasions for a wide range of physical, psychological and behavioural difficulties. These included anxiety, difficulty sleeping, low self-esteem, breathlessness, neck pain, difficulty swallowing and significant behavioural changes.

His condition eventually left him unable to work, and it remains unclear whether he will be able to return to employment in the future.

Following his discharge from intensive care, our client continued to rely on non-invasive ventilation at night. His family were concerned about leaving him alone and doctors agreed that he needed someone with him at all times in case he fell asleep without the mask on. He has only recently been told that he no longer needs the ventilation.

With the support of solicitor Dr Mala Sidebottom, our client secured a settlement that will help him access ongoing treatment, rehabilitation and the support he needs for the future.

Anti-IgLON5 autoimmune encephalitis is a rare neurological condition associated with sleep disorders, difficulties with movement, swallowing problems, breathing difficulties and cognitive impairment.

The condition is diagnosed through specialist investigations, including a lumbar puncture and testing for specific antibodies. Early treatment typically involves steroids and intravenous immunoglobulins.

After concerns were raised by a physiotherapist, our client’s GP made an urgent referral to neurology. Information provided as part of the referral detailed the symptoms and behavioural difficulties our client had been experiencing.

A neurologist assessed our client and noted that he was awaiting an MRI scan of his upper spine. However, no further investigations were arranged at that stage and it was decided that no follow-up was required. These missed opportunities to investigate our client’s symptoms later formed part of his delayed diagnosis claim.

Although a further appointment appears to have been arranged several months later, our client was never informed about it.

As our client’s condition continued to deteriorate, an urgent referral was eventually made to a neurologist at a different Trust.

This led to hospital admission for further investigation, after which treatment with steroids and intravenous immunoglobulins began.

Despite this, his condition continued to worsen and he required further hospital admissions following falls, increasing confusion, agitation and memory problems. He later required plasma exchange treatment and was admitted to intensive care after a rapid deterioration in his breathing.

A few months later, he was diagnosed with anti-IgLON5 autoimmune encephalitis.

The claim centred on missed opportunities to investigate our client’s symptoms and arrange appropriate tests and follow-up care.

This included concerns that a brain MRI scan, routine blood tests and review appointments were not arranged when they should have been. It was also believed that a follow-up appointment involving our client’s wife would have provided additional information about the changes in his behaviour and symptoms.

Had these investigations and reviews taken place, a lumbar puncture could have been arranged, leading to an earlier diagnosis of autoimmune encephalitis. Treatment could then have started around nine months sooner.

Earlier treatment would likely have led to a quicker recovery, avoided the life-threatening deterioration that resulted in intensive care admission and reduced the severity of his ongoing symptoms.

The claim involved complex issues surrounding both liability and the long-term impact of our client’s condition.

Following extensive evidence gathering, expert medical input and settlement negotiations, Dr Mala Sidebottom and Gillian Wickham secured a six-figure settlement shortly before trial.

The settlement will help fund ongoing therapy, treatment and rehabilitation. It also includes provision for case management and support from family members, helping ensure our client has access to the care he needs in the future.

Comment from the client:
We would like to thank you  for all the support. You kept us up to date at all times and ensured we understood the whole process. We felt very happy with the service we got, in keeping us informed and supported all the way. We are happy with the outcome.”

A comment from their solicitor:
“This was a complex case involving difficult issues relating to both liability and the long-term impact of our client’s condition. However, I am pleased that we have secured a settlement that will allow him to undergo therapy, treatment and rehabilitation. There is also provision for case management and ongoing support from family members, helping him move forward with his life.”
Dr Mala Sidebottom
Partner & Medical Negligence Solicitor