£7million compensation settlement following life-changing brain injuries caused by admitted surgical negligence
Fletchers Solicitors has recently secured a £7million damages settlement for a client who suffered significant injuries after negligence during surgery.
The client, who is in his mid-30s, tragically suffered a significant stroke after having elective surgery to remove a non-cancerous tumour.
Iain Dodd, Senior Solicitor, and Daniel Finney acted on behalf of the client for 6 years and were pleased that the robust settlement has been obtained. The claim was described as ‘incredibly complex’ by the medical experts involved.
Surgery below the appropriate standard of care
The Defendant hospital trust ultimately admitted liability for the surgeon performing surgery below the appropriate standard of care that was to be expected. The Defendant admitted that vascular input should have been sought before and during the medical procedure and that the blood supply to the client’s brain was negligently cut off and was not restored.
Two days after the surgery, the client suffered a severe stroke causing him to sustain a substantial brain injury resulting in cognitive, memory and mobility difficulties, and epilepsy.
Interim payments were obtained during the claim to enable the young man to undergo a bespoke rehabilitation regime and employ professionals to assist with his activities of daily living. He was able to have multi-disciplinary treatment such as hydrotherapy, physiotherapy, speech and language therapy, neuropsychological support, specialist technology input and occupational therapy. He achieved remarkable improvements with the intensive programme tailored to his requirements. This maximised his potential and provided the platform to consider his options for life after injury.
Client now has life-long security to meet his needs
More than 10 disciplines of expert evidence were required to thoroughly investigate the claim. After extensive negotiations with the Defendants legal team, whilst High Court proceedings remained ongoing, the parties reached a settlement agreement to give this man life-long security to meet his needs. He will now be able to purchase a large bungalow and adapt it.
Leading Counsel instructed for the client was Mr Christopher Johnston QC of Serjeant’s Inn Chambers who was praised by the client as being “outstanding”.
After the settlement was achieved, the client said: “I want to say a massive thank you to Iain, Daniel and Amy for all their hard work and dedication. You will never know how much it means to us and for your constant kind words, always looking out for us and for everything in between.”
Iain said: “Achieving this resolution required a real team effort and I am delighted that this positive, intelligent and motivated young man can now move on from this life-changing event and furthermore, that processes are now said to be put in place to avoid this surgical error from occurring again to others.
“Throughout this six year journey, the client has remained defiant against the odds and shown immense fortitude to battle against his disabilities.”