£1.1 million plus PPOs for brain injury.

Kim Daniells of the CNCI team has recently recovered a very significant settlement on behalf of an individual who suffered devastating brain injuries following a brain haemorrhage. The claimant, who was represented by Litigation Friend, was awarded a lump sum of £1.1 million together with periodical payments of £210,000 per annum for life following a negotiated settlement to a claim against a hospital trust.

The claim arose because clinicians at the hospital failed to identify the correct cause of significant head and neck symptoms that the Claimant had developed. The Claimant had in fact suffered a sentinel bleed but was discharged by the hospital on more than one occasion with incorrect diagnoses.

Just a few weeks after his first attendance at the hospital, the Claimant suffered a massive subarachnoid haemorrhage. This left him wholly dependant upon carers 24 hours a day. He was an inpatient for over a year. He is quadriplegic and has profound communication difficulties.He will never return to his pre accident work.

Medical evidence was obtained on behalf of the Claimant which indicated that there were failings in respect of the care provided both in the accident and emergency department at the hospital and subsequently after his admission to a general ward. Further evidence was obtained from a Consultant Neurosurgeon and Consultant Neuroradiologist which confirmed that, had the sentinel bleed been correctly diagnosed, then the Claimant could have undergone surgery to have prevented the subsequent massive haemorrhage.

Additional expert evidence was obtained from experts in speech and language therapy, care, and accommodation to establish the extent of the support that the Claimant will require in the years ahead. The Claimant lives with his wife and continues to be cared for by her and a team of carers in their home.

Liability was denied by the hospital representatives throughout the claim. At a round table discussion in London the parties' representatives were able to agree  terms of settlement. Those terms were subsequently approved by a High Court Judge.

The Claimant lacks capacity to deal with his award or indeed his day to day affairs. Accordingly an application has been made to the Court of Protection to appoint a Deputy to deal with his affairs.

Speaking of the conclusion to the claim Kim Daniells said “This is a terrible and tragic case. A young man with a young family suffered absolutely devastating injuries as a result of a haemorrhage. These injuries could have been avoided had he been properly assessed and treated. The implications for the Claimant and his family were profound. No amount of compensation will ever give them back the quality of life that they had hoped to enjoy together. I am pleased that the settlement will at least provide some financial security for this family and will enable them to meet the Claimant's needs in the years ahead”.