Case Studies

At Wolferstans, we have a superb record of achieving successful outcomes from medical negligence claims. Look below at some of the cases we have fought and the compensation settlements we have secured for our clients.

Accident and Emergency

Missed Dislocation Caused Permanent Injury

62 year old Mr H was at home when he slipped over in his kitchen sustaining an injury to his left shoulder. He attended the Accident and Emergency Department at East Sussex Healthcare NHS Trust where he was assessed and x-rayed. The x-ray showed Mr H had dislocated his shoulder which was manipulated back into position under analgesia; a follow up x-ray confirmed that the shoulder had been correctly manipulated into position.

Mr H attended the fracture clinic 3 days later complaining of pain and a grinding sensation when he moved his left arm. A sling was recommended as well as physiotherapy and he was reassured that the joint was still in the correct position. Follow up appointments over the next three months where Mr H continued to complain of pain, further physiotherapy was recommended and he was again reassured.

Two months later, Mr H was still in pain and was referred for a CT scan of his shoulder which revealed that the shoulder had re-dislocated some months earlier and was now “set” in an incorrect position. Mr H required surgery and his shoulder recovered well, but he was left with the high possibility of functional compromise in the future. This was complicated further by Mr H’s diagnosis of Multiple Sclerosis where the progressive nature of the disease would also impact Mr H’s functionality. The shoulder injury had compromised his ability to self-propel in his wheelchair and so limited his mobility.

We contacted the Defendant Trust to set out our allegations of negligence and to invite them to prepare a response. East Sussex Healthcare NHS Trust responded admitting liability for the missed re-dislocation and the risk of future mobility restrictions, but returned with a robust denial all of Mr H’s anticipated mobility issues arguing this was due to his underlying condition and not their negligence.

This remained a contentious point which barred early settlement and Court proceedings were issued and a trial date set. Prior to trial, the Defendant and the Claimant agreed to mediation in an attempt to settle the case, which proved highly successful and secured a settlement for Mr H in the sum of £125,000 which ensured Mr H had to means to pay for the additional care he would need in the future.

Missed Cauda Equina Symptoms at A&E

Miss W, aged 27 had a history of low back pain and occasional sciatica. She started to experience a sharp pain in her lower back and coccyx. An initial diagnosis of a disc prolapse was made and chiropractic treatment was recommended.

The pain continued and whilst she was cleaning her teeth one evening, she felt a sudden numbness in her buttock and a loss of sensation travelling from her groin to her foot. She was quite rightly concerned and took herself to the Accident and Emergency Department at Derriford Hospital, part of Plymouth Hospitals NHS Trust who became the Defendant in this case.

Miss W was showing all the classic red flag signals to indicate she had a compressed nerve root, which if left untreated can cause bladder and bowel incontinence, loss of sensation of the sexual organs and paralysis. Unfortunately, the emergency doctor on call that night failed to obtain a proper history from Miss W and refused her request for an MRI scan which would have pointed to an initial diagnosis of Cauda Equina Syndrome. Miss W was discharged with no investigations undertaken.

Over the course of the following day, Miss W’s symptoms grew progressively worse until she felt no sensation when going to the toilet. Having been dismissed at the Hospital the day before, she was reluctant to return to explain her deterioration and so tried to sleep the symptoms off. When she awoke the next day, the symptoms had not improved and so made an emergency appointment with her GP. When Miss W explained her symptoms to her GP, she was referred to the Accident and Emergency Department immediately. Upon arrival an MRI was arranged and once the results were received, it was clear Miss W had suffered from a severe cord compression which required emergency surgery. Miss W has been left with permanent back pain and stiffness, a permanent lack of sensation in her groin together with urinary and sexual dysfunction.

Miss W sought our help knowing that more should have been upon her first attendance at the Accident and Emergency department. We approached the Defendant Trust and set out our allegations of negligence. The Trust’s formal response denied that any further investigations should have been undertaken.

A resolution could not be reached and Court proceedings were issued. The Defendant continued to deny liability, but could not escape the very real risk that the evidence was not in their favour. A settlement was reached in the sum of £80,000 prior to trial.

Delay in diagnosis of subarachnoid haemorrhage

In November 2006, Mr P was at work when he felt dizzy and collapsed to the floor. He thought that he had banged his head and experienced a period of unconsciousness and had a severe pain in his head, so attended the duty doctor at work. An ambulance was called and Mr P was taken to Accident and Emergency at Derriford Hospital, in Plymouth.

During an examination with a doctor, Mr P began to vomit. He was advised that he may be suffering with either viral meningitis or a brain haemorrhage and was provided with some pain medication. A while later, Mr P was advised he could go home as he was simply suffering with a viral infection. No further tests or examinations were carried out.

Mr P remained in severe pain throughout the day and over the weekend. Three days later, Mr P presented to his GP who confirmed he was suffering with viral meningitis and no further action was taken.

A further four days later, Mr P experienced a popping sensation in his eye and he began to feel dizzy. A GP attended Mr P at home and changed his medication but no further action was taken. Unfortunately Mr P continued to deteriorate and became disorientated and unable to recognise his family. Mr P subsequently attended hospital where he was diagnose with a subarachnoid haemorrhage and this was coiled.

Sadly, Mr P endured a long and slow recovery. He suffered with short term memory loss and had to learn to speak and to walk again. His eyesight was affected and he retired due to his health.

Mr P was later diagnosed with an organic personality disorder and continued to suffer with short term memory loss.

Mr P instructed Wolferstans, who agreed to investigate and pursue a claim against Plymouth Hospitals NHS Trust and multiple GP’s from his local surgery. During the investigation, Wolferstans assessed Mr P’s future care needs which had been drastically altered as a result of the delay in his receiving treatment for the subarachnoid haemorrhage. It was noted that Mr P would require significant daily care, which would increase as he aged and settlement was agreed in the sum of £560,000 before trial took place.

Steroid Injection into Shoulder led to Septic Arthritis

At age 28, Miss C attended her GP complaining of pain in her left shoulder. Her GP diagnosed an impingement syndrome and recommended a steroid injection into her shoulder to help with the pain. Over the course of the month Miss C’s arm began to swell and the level of pain increased. It took a number of months and many investigations to confirm that Miss C was suffering from septic arthritis which had been missed by the Accident and Emergency Department and the Orthopaedic Department at Derriford Hospital, part of Plymouth Hospitals NHS Trust on a number of occasions.

Miss C was left with very little power in her arm, a loss of movements and was in a severe amount of pain. The medical evidence suggested that Miss C would require a shoulder replacement during the course of her life time and due to the time taken to identify and treat the septic arthritis, the integrity of the replacement would be severely compromised.

Miss C was referred to us by another firm of solicitors who were unable to deal with the matter. Miss C had a history of shoulder problems in the past and it was a difficult case to prove that her ongoing problems were as a result of the delay in diagnosing the Septic Arthritis and not, as alleged by the Defendant, possible symptoms she may have experienced in any event.

The Defendant maintained a full denial of liability on this case, but we fiercely argued Miss C’s case with the assistance of our team of medical experts and our instructed Barrister. Court proceedings were issued and a trial date listed. Just months from the trial date, a mediation meeting was arranged to provide the parties the opportunity to discuss the case face to face and narrow the issues. Thankfully this meeting was a success and we were able to secure Miss C an amazing award in the sum of £350,000. This sum includes not only compensation for the pain and suffering she had to endure, but also her future care needs and the cost of the future shoulder replacements she will inevitably need.

£45,000 recovered for failure to diagnose fractured thumb

Wolferstans pursued a claim on behalf of Mr X who asked us to investigate a claim against the Torbay and South Devon NHS Foundation Trust due to a failure to diagnose a displaced fracture of his thumb.

In September 2011 Mr X fell from a ladder, injuring his right thumb. His thumb remained swollen and painful after two weeks’ rest and self medication so he attended the minor injuries unit at Paignton Hospital. Mr X was examined but no comparison was made to his left, non injured thumb. Mr X was discharged with advice for management of a sprain and no x-ray was deemed necessary.

Mr X’s right thumb failed to improve thereafter and he was unable to return to work. As such, he saw his GP in October who referred him for an x-ray at Brixham Hospital and this x-ray revealed a displaced Bennett’s fracture at the base of the right first metacarpal.

Mr X was then assessed by a Consultant Orthopaedic Surgeon in November 2011 where he was advised that no further treatment would be recommended due to the length of time which had elapsed from the time of the initial injury. A second opinion was sought following which Mr X was advised that if his injury had been detected sooner it would have been treated in a cast or with surgery but that the delay now meant that no treatment would improve his condition and prognosis.

Mr X has been left with ongoing aching and discomfort.

Wolferstans investigated the claim and, after receiving supportive independent medical expert evidence, served a Letter of Claim on the Defendant. The Defendant Trust denied liability but our expert evidence remained unchanged in light of their denial and Court proceedings were issued against the Defendant. The case progressed until expert evidence was served upon the Defendant, following a Part 36 offer was received from the Defendant in the sum of £35,000. After further negotiation the claim was eventually settled in the sum of £45,000.

Ambulance

Fatal cardiac case against South Western Ambulance Service NHS Trust

Mr M brought a claim for damages, on behalf of the estate of his late wife, Mrs M, who was sadly aged 44 when she died in 2010.

In December 2010, Mrs M was preparing dinner when she began to experience chest pain which felt like a stabbing pain through her chest back and shoulder blades, accompanied with shallow quick breathing. Mr M immediately dialled 999 and called the local ambulance service, South Western Ambulance Service NHS Trust.

A first responder was sent to Mrs M with Paramedics following shortly thereafter. Mrs M described the pain as 5 out of 10 and the nature of the pain she was experiencing. The Paramedics took Mrs M’s blood pressure which was low, this was unusual for Mrs M who normally experienced high blood pressure.

Mrs M was then diagnosed with a trapped nerve and was advised to rest up. Mrs and Mr M immediately felt uncomfortable with this diagnosis, however, trusting the Paramedics, Mrs M took some paracetamol and went to bed.

Unfortunately the next morning Mrs M collapsed, gasping for air. Mr M could not feel her pulse and immediately dialled 999 who took Mrs M to hospital. Sadly she had already passed away and attempts to resuscitate her were unsuccessful.

Mr M approached Wolferstans who accepted his very sad case, against the South Western Ambulance Service NHS Trust for failing to treat Mrs M appropriately in December 2010. We instructed appropriate experts who were supportive of a claim for negligence. It transpired that Mrs M had suffered with a ruptured aorta and had she been taken to hospital when the Paramedics first attended then she would have had surgery and would have survived.

It was calculated that but for the negligence Mrs M would have survived another 15 years and Mr M was able to claim losses, including the fact that he was financially dependent on Mrs M’s income. He was also able to claim funeral expenses and other miscellaneous financial losses as a result of her very sad and preventable death.

Amputations

Forefoot amputation due to GP negligence

Mr B began to experience problems with his left foot in December 2012. Mr B had been experiencing pain in his foot along with a tingling sensation and after a few weeks decided to see his GP. Mr B was advised that he had athletes foot and was prescribed with a cream to apply. This did not work and the pain was ever increasing so Mr B went back to his GP. Mr B explained that he was still having pain in his foot and that the cream had not worked. He explained that he had shooting pains when walking and a throbbing sensation in his foot. Mr B explained that when he took weight off of his foot the shooting pain would stop but the throbbing would remain.

Mr B was advised to continue using the cream. Mr B had to return to his GP surgery several times over the Christmas period and each time the pain would be worse and he noticed that his toes had started to change colour. The middle toe was a very dark purple and the other toes were a pinkish purple. Mr B was advised that he had an infection and was given antibiotics. Mr B was referred for a Doppler scan to check the blood flow but the appointment was not made urgently.

Mr B was also sent for an X-ray because of the pain that he was in, but this came back as normal. By 17 January 2013 Mr B returned to his GP as his toes were black. H was told that the Doppler results were normal but an urgent referral was then made to the hospital as a vascular problem was suspected.

Mr B attended the hospital on 21 January 2013 and he was told that he would need a graft in his foot as the blood was not circulating properly. Sadly the graft did not work and Mr B had to undergo a forefoot amputation on 28 January 2013.

Mr B had to leave his job as he was unable to operate his vehicle with his amputation. Mr B’s quality of life was dramatically affected and he required the use of a wheelchair as it was still incredibly painful for him to work. Mr B also experienced phantom pain which is when you can feel the part of the limb that use to be there, even though it is not.

Wolferstans settled Mr B’s claim in January 2015 for £5,000.

Anaesthetic Awareness

£20,000 in damages awarded for a negligent administration of an epidural

Mrs D was admitted for an operation at Derriford Hospital, Plymouth in October 2012. Prior to the surgery a needle was placed into her spine in order to administer an epidural. Mrs D recalled there was difficulty administering the epidural.

Mrs D awoke from her operation completely covered in tubes and her body was swollen. Her family members informed her that she nearly died as result of three cardiac arrests. It was later discovered following a report, that there was blood present at the site of the epidural which caused it to leak into her bloodstream, resulting in the cardiac arrests.

Fortunately Mrs D recovered well from the ordeal despite her mobility being adversely affected and battling with psychiatric injury. She has a fear of having to go to her G.P or back into hospital.

Wolferstans investigated this matter under a Conditional Fee Agreement and were able to agree a settlement with Plymouth Hospitals NHS Trust of £20,000.00 for Mrs D, to compensate for her pain and suffering and psychiatric injury, that arose following the negligent treatment she received.

Brain Damage Caused By Waking Up During Surgery

Mrs A, suffered a bleed on the brain back in 2011 and was rushed to the Accident and Emergency Department of Barking, Havering and Redbridge University Hospitals NHS Trust, the Defendant. Mrs A was diagnosed with having an Arteriovenous Malformation (AVM) which required urgent surgery to repair.

Risks of major brain injury were explained to Mrs A and she enquired whether she could undergo the surgery under local anaesthetic, however, due to the sensitive nature of the operation, Mrs A was required to remain perfectly still which could only be achieved by administering a general anaesthetic.

Mid-way through the operation, Mrs A awoke from the anaesthetic and became aware of a great pressure in the side of her head. She then started to move and coughed whilst the surgeon was undertaking a procedure within the blood vessels of her brain. Emergency measures where then taken to minimise the damage but Mrs A was left with permanent injuries such as epilepsy, memory loss, reduced sight, a left sided hemianopia (loss of the left side of her visual field), reduced power on the left-hand side and PTSD.

The Defendant admitted liability at an early stage and the claim then progressed on the basis of valuing Mrs A’s losses and ensuring she received all the care, equipment and support she would need for the rest of her life. Settlement was reached via mediation in the sum of £600,000 lump sum together with a yearly figure of £20,000. This yearly sum will be paid out every year to Mrs A for the rest of life and will increase or reduce with the rate of care costs inflation. This ensures that even with the rising costs of private care, she can always afford the cost of the services she requires daily to help her lead as normal life as possible.

Anaesthetic block applied to wrong side of body

Mrs K, a 55 year old lady, attended Cannock Chase Hospital (which comes under the auspices of The Royal Wolverhampton NHS Trust) in June 2017 for elective surgery on her right ankle.

Mrs K was consented and marked for a right-sided operation.

Whilst Mrs K was being prepared for surgery, the Consultant Anaesthetist was distracted between the block check and actually applying the block because of an unnecessary conversation with a colleague. Thus, the “stop before you block” check did not take place immediately before the block.

When the regional anaesthetic block was eventually undertaken some minutes after the check, the mark on the correct side was obscured by a blanket which caused the Consultant Anaesthetist to block the wrong side.

Hence, Mrs K’s left ankle was blocked rather than her right ankle.

As a result of the incident, Mrs K remained in hospital for two additional days thereby missing her son’s eighteen birthday party and college summer ball.

Mrs K was unable to weight bear on her left foot when she was discharged from hospital and was issued with a pair of crutches.

Wolferstans were pleased to act for Mrs K in this clinical negligence matter and obtained a full admission of liability. The case settled for £1,500, plus payment of Mrs K’s legal costs.

Damages of £45,000 awarded for anaesthetic awareness during caesarean section

Ms D went into labour on 10 August 2010 and visited the Milton Keynes Hospital (Milton Keynes Hospital NHs Foundation Trust) 3-4am. She was examined and advised to go home as she was only 1cm dilated at this time.

Ms Down returned to the hospital later that night where she was admitted and an examination performed which revealed she was now 4cm dilated.

After this time Ms D was examined by a midwife who advised she was fully dilated and to begin pushing. Ms D then pushed for over an hour during which time she lost a significant amount of blood. After pushing for a few minutes Ms D felt something was wrong but despite expressing her concerns to the midwife was reassured.

After an hour of pushing Ms D was advised that she was not progressing as expected and that they were unable to identify whether her waters had broken. Ms D assured them that her waters had broken earlier that day and on a further examination Ms D was then informed that she was not fully dilated. Ms D was told that her cervix was now extremely swollen as she had been pushing when not fully dilated and as a result was unlikely to dilate any further.

Despite this Ms D was then placed on hormone drugs to induce contractions for 6-7 hours and at this time was administered an epidural.

After 7 hours Ms D was re examined and advised that she had not dilated any further. The midwives then advised they wished to break her waters and encourage a natural birth. However, the baby subsequently became distressed and Ms D was taken to theatre for a caesarean section although she had to wait 5 hours before surgery was performed.

During this time Ms D’s epidural was topped up on four or five occasions. After this the midwife refused to top it up further, instead advising that Ms D would receive a spinal block in theatre.

By the time Ms D was taken to theatre the epidural had worn off on her stomach and she could feel every contraction, although her legs and feet were still numb.

Ms D was given a spinal block and then asked if she could feel her toes. She advised she couldn’t but felt this was because the epidural was still effective.

On performing the caesarean section Ms D experienced extreme pain and advised the surgeon she could feel the incision he was making. It was not until the baby had been delivered and Ms D was being stitched up that the surgeon appreciated she was in severe pain and a general anaesthetic was administered.

Wolferstans investigated this matter further and submitted our allegations of negligence to the Defendant Hospital. The Defendant completed denied all liability following which we submitted an offer in settlement of Ms D’s claim. We were ultimately able to agree the sum of £45,000.00 in full and final settlement for the pain Ms D experienced and the psychiatric injury she suffered as a result of this traumatic experience. The claim was advanced in relation to the pain and psychiatric injury sustained not only as a result of the anaesthetic awareness during the labour but also as a result of the delay in performing the caesarean section.

Appendicitis

Delay in Diagnosing Appendicitis

On 1 September 2015 Mr H began to experience intermittent abdominal pains and abdominal cramping.

Mr H’s symptoms got worse and he developed a constant abdominal pain with severe pain coming and going in waves. Mr H experienced a reduced appetite. On 3 September 2015, Mr H contacted his GP who advised a watch and wait approach.

Mr H was noted to be in significant pain rating it 8/10. Mr H’s pain continued and he vomited that evening three times and the vomit was brown in colour. Mr H’s pain increased again and he attended his GP surgery on 4 September 2015 for an emergency appointment.

Mr H was seen by the GP who again advised a watch and wait approach and suggested that if Mr H’s symptoms worsen he should call 111 or visit the Accident and Emergency department at Derriford Hospital. Mr H was prescribed Co-codamol to take.

Mr H remained in pain and on 7 September 2015, he contacted the Devon Doctors Group out-of-hours GP service at 18:38. Mr H was then attended by an ambulance that evening.

Mr H’s temperature was recorded as 38.5. It was recorded that Mr H had not been eating and had lost weight, his diarrhoea had continued and he was in severe abdominal pain.

The medical record entry from the Devon Doctors Group noted:

“Important new guidelines show that patients with severe abdominal pain always need urgent blood tests and often an x-ray, ultrasound or a CT scan. We can’t do this at your home or in our treatment centre… so you need to go to hospital or see own GP.”

Mr H then attended the Accident and Emergency Department at Derriford Hospital on 7 September 2015. Mr H was seen at triage initially. Mr H was noted to have abnormal observations such as a raised temperature. Blood tests were taken and the doctor noted that Mr H had increased pain radiating to his back and was “unable to straighten”. A differential diagnosis was made of appendicitis or gastroenteritis.

Mr H was admitted to the Surgical Assessment Unit but was then sent home later that day without treatment.

Mr H remained in pain and became increasingly weak, unable to move and struggling to eat and drink.

5 days later Mr H presented once again at the hospital and a CT scan demonstrated a ruptured appendix, intra-abdominal sepsis and septic shock which required immediate and extensive surgical treatment.

Mr H instructed Wolferstans to investigate the treatment that was given and we obtained independent expert evidence from both a General Practitioner and General Surgeon in support of the claim in respect of both breach of duty of care and causation of injury. Allegations of negligence were put to both the treating GP and the Trust with both potential defendants strongly denying that any breach of duty occurred. Despite this denial Wolferstans were able to secure financial compensation from Plymouth Hospitals NHS Trust and Mr H was very pleased with the outcome.

Back and Spinal Injury

Delaying Diagnosing Spinal Abscess

£300,000 recovered due to a delay diagnosing spinal abscess

Wolferstans pursued a claim on behalf of Mr X who asked us to investigate a claim against the University Hospitals Plymouth NHS Trust after a delay in diagnosis of a spinal abscess left him with permanent neurological injuries.

Mr X presented to his GP in December 2007 with pain in his neck. He was diagnosed with cervicalgia and prescribed strong painkillers.

The pain persisted and Mr X remained under the care of his GP, physiotherapists and the pain management clinic until he was referred eventually referred to a Consultant Neurosurgeon in July 2010 for further investigation. Following various scans Mr X was diagnosed with an osteoid osteoma of the cervical spine and it was agreed that it would be appropriate to proceed with surgery.

Surgery took place on 5 February 2010 and he was discharged home on 10 February.

On 19 February Mr X was admitted to hospital as an emergency having reduced movement in his neck and shooting pain up his neck when weight bearing. It was initially suspected that Mr X was suffering from an infection and he was therefore referred for an MRI scan to exclude a bone graft infection and he was commenced on antibiotic therapy.

On 23 February 2010 Mr X’s pain increased and he developed paraesthesia in his hands. By 25 February the paraesthesia had progressed to his lower limbs and his pain was severe. Arrangements were made for an MRI scan to be conducted of the cervical spine which revealed an abscess that was compressing the spinal cord.

Mr X was taken to theatre as an emergency and the abscess was drained. He was initially admitted to the Critical Care Unit before eventually being discharged home on 13 March 2010. M X continues to experience paraesthesia in his hands and fingers.

Wolferstans investigated the claim but Defendant Trust denied liability. Court proceedings were issued and trial was listed.

During the course of the investigation the Defendant Trust initially made an offer of £150,000 which was rejected by the Claimant. Further negotiations took place and the claim was ultimately settled in the sum of £300,000.

Delay in Referral by GP for Spinal Compression

Mr T, aged 69 fell over in his garden and landed on his left hand. Shortly after he started to develop a pins and needs sensation in his right hand. This developed to tiredness, stiffness and becoming unsteady on his feet. Mr T saw his GP as his symptoms were not improving and he grew concerned. The Defendant, GP dismissed the situation as temporary and assured this was not a cause for concern.

Mr T had no improvements and returned to his GP on a number of occasions however, 5 months later, his condition remained unchanged. A home visit was requested and this occasion an GP attended and assessed Mr T. The GP recommended a neurological referral to determine the cause of his reduced function. Following an MRI scan prior to the neurological appointment, Mr T was advised that he was suffering from a significant spinal cord compression in his neck. Urgent surgery was undertaken to help alleviate the pressure on Mr T’s cord, but he was left with permanent mobility and balance restrictions as well as a loss of function in his hands.

Wolferstans agreed to take on Mr T’s case on a “no win no fee” basis to investigate the care provided by the GP and attempt to establish whether an earlier referral should have been made and if so, would this have created a better outcome for Mr T.

When Mr T’s case was properly investigated and supporting evidence obtained, our findings were communicated to the GP’s representatives who in turn admitted liability. A settlement was agreed in the sum of £150,000 for the pain and suffering Mr T experienced, as well as payments for the future care that Mr T will require due to his injuries.

Delay in Diagnosing Spinal Cord Compression

£750,000 recovered due to delay in diagnosis of spinal cord compression

Wolferstans pursued a claim for Mrs X who asked us to investigate a claim against her GP, after she was left paralysed as a result of a delay diagnosing a spinal cord compression.

Mrs X underwent right knee arthroscopy in September 2010 and approximately one week post operatively she started to experience pins and needles in her left arm. As a result, she presented to her GP and was diagnosed with trapped brachial neuritis for which she was prescribed pain killers.

On 17 November 2010 Mrs X experienced excruciating pain in the back of her neck upon standing. The pain persisted for the remainder of the day and she therefore contacted her GP by telephone the following day. Her GP did not request attendance at the practice and simply dealt with Mrs X’s symptoms over the telephone.

Mrs X’s condition continued to cause her severe pain so she arranged to see her GP on 19 November 2010. Mrs X’s husband had to assist her to the practice as the pain caused her difficulty walking. She was unable to move her neck and pain radiated down her back. She complained of leg weakness and a feeling as though her legs could not support her body weight. The GP assessed Mrs X but failed to note a combination of neck pain, upper limb paraesthesia and gait disturbance which could have suggested the possibility of spinal cord compression. Mrs X was not referred for further investigation on this occasion and her condition was allowed to continue to deteriorate.

She returned to her GP practice on 22 November where she was diagnosed with a trapped nerve and was referred for physiotherapy.

Mrs X remained in severe pain and developed pins and needles down her left arm. She returned to see the GP on 26 November who documented ‘shockwaves when coughing or sneezing’. Despite Mrs X’s presentation of neck pain, bilateral sensory changes and gait disturbance the GP failed to undertake a neurological examination and failed to refer Mrs X to hospital as an emergency.

On 5 December 2010 Mrs X woke to find she was unable to feel anything from the waist down and was unable to move her legs. She was immediately admitted to hospital where investigations revealed spinal cord compression. Mrs X underwent cervical discectomy with evacuation of a para-spinal abscess but sadly she was left severely paralyzed as a result of her injury.

Mrs X continues to have no sensation from below the waist and has very limited movement in her lower limbs. She is completely wheelchair dependant and her husband is now her full time carer.

Wolferstans investigated Mrs X’s claim and eventually Court proceedings were issued and served against the Defendant who strongly denied liability throughout the duration of the claim.

However Wolferstans continued to pursue the claim until the Defendant ultimately agreed to settle for the

sum of £750,000.

Delay in Diagnosing Spinal Haematoma

£100,000 awarded for a delay in diagnosing a spinal haematoma

The Claimant, Mrs C, was 72 years old at the date of her medical treatment. She underwent surgery to her small bowel and post-operatively she was given an epidural for pain relief. Mrs C had a significant history of back pain and her post-operative complaints of back pain were attributed to this. In fact, she developed a spinal haematoma which was not diagnosed for some time before it was surgically evacuated. As a result, Mrs suffered permanent neurological complications. These were categorised as Paraparesis Asia Grade D. Mrs C;s mobility was significantly affected.

The Defendant admitted a minor delay in diagnosing the spinal haematoma but contended that there was no causation of injury.

Mrs C had significant pre-existing co-morbidities. In May 2007 she was diagnosed with Non-Hodgkin’s Lymphoma, for which she was treated and was in remission. Sadly, it re-occurred and Mrs C died on 6 March 2010. Expert evidence was obtained which confirmed that the death could not be connected to the alleged negligent treatment.

As a result, the claim related to five years of pain, suffering and loss of amenity and the special damage claim.

An initial letter of claim was written prior to medical expert evidence being received, on the basis of the content of the Defendant’s Critical Incident Report. However, it was not accepted by the Defendant and no Letter of Response was provided.

After Court proceedings were commenced and the proceedings served, the Defendant sought an extension of time for service of the Defence. However, following Mrs C’s death and the issue of a Grant of Probate, the proceedings were amended, appointing the deceased’s husband to act as the Claimant, it was agreed that the proceedings should be stayed to enable the parties to see whether it was possible to negotiate a settlement of the claim, as the value of the claim had substantially reduced.

The Defendant argued that a significant proportion of the care which the deceased had received throughout the five year period to the date of her death related to her pre-existing co-morbidities and her cancer.

The claim was settled for £100,000.

Birth Injuries

Skull Fracture at Birth and Psychiatric Injuries

£33,000 recovered for fracture sustained at time of delivery and psychiatric injuries

Wolferstans pursued claims on behalf of Baby X and each of her parents against the University Hospitals Plymouth NHS Trust after Baby X sustained a ping pong fracture to her skull at the time of her birth and her parents suffered a psychiatric injury as a result of witnessing the distressing circumstances of her birth.

Ms X’s waters ruptured spontaneously at home on the evening of 7 February 2013 and she began to experience frequent contractions resulting in her attending Derriford Hospital. Her contractions were so strong she feared her daughter would be born in advance of reaching the hospital.

Once at hospital Ms X was immediately transferred to triage where she was examined by a midwife who performed an initial assessment and deemed Ms X to be in early labour, suggesting it was likely to be a significant time before the baby was born. Ms X experienced extreme pain with each contraction and, as such, the midwife recommended a bath but within a very short period of time Ms X advised that she felt pressure and a strong desire to push. The midwife failed to perform a further examination and reiterated that she was a long way off delivery. Instead Ms X was asked to return to her bed in triage.

Ms X followed the advice of the midwife but upon reaching the bed she felt a very strong contraction, causing her to bend forwards on to the bed. Ms X then promptly delivered Baby X from standing height onto the floor of the triage unit.

Baby X was taken to Transitional Care, following which she was subsequently diagnosed with a ping pong fracture to her skull. Ms X and her partner were also affected mentally having witnessed such a traumatic and distressing delivery and fearing for their baby’s life. Thankfully Baby X suffered no long term consequences as a result of the fracture at birth.

Wolferstans investigated each of their claims and, after receiving supportive independent medical expert evidence, proceeded to negotiate settlement with the Defendant Trust.

Baby X was ultimately awarded £8,000 for her injury. As a result of witnessing the traumatic birth, Ms X was awarded £20,000 and her partner was awarded £5,000.

Erbs Palsy Injury Caused by Shoulder Dystocia

Prior to Mr H’s delivery, his mother was booked into the Defendant, Royal United Hospital for an induction of labour due to their concerns of his mother’s high blood pressure. Upon admission, induction of labour was due to take place the next day. It was known that Mr H was going to be a large baby and the delivery was expected to be difficult.

Mr H’s delivery as anticipated was difficult and the doctors were unable to safely release his shoulders from his mother pelvis. Various techniques and equipment were used to release the shoulder, however, at an early stage concerns were expressed that Mr H had right Erbs Palsy secondary to shoulder dystocia.

Mr H’s mother contacted Wolferstans as she was aware there were guidelines to assist the delivery of larger babies and the risk of complications are increased. As we have specialist birth injury solicitors, it was evident by Mr H’s shoulder dystocia and subsequent permanent restrictions that had impacted him during his childhood and into adulthood, that this was case which should be taken on and investigated to its fullest degree.

Expert evidence was obtained to comment upon Mr H’s delivery and whether the correct procedures and guidelines were adopted to avoid the risk of this birthing injury. Our experts identified a number of failings, which had contributed towards overall outcome.

Our evidence was presented to the Defendant Trust for their comment who denied liability, raising the common argument of maternal propulsion. As no compromise could be reached with the Defendant, we had to issue court proceedings. The strength of conviction in our case pushed the claim only months from trial whereby the Defendant agreed to a round table meeting to discuss a possibility of settlement. Happily an agreement was reached in the sum of £200,000 to compensate Mr H for what will be a life long injury caused by poor management at birth which could have been avoided.

Brain and Head Injury

Hypoxic Injury at Birth Resulting in Cerebral Palsy

£6.5 million awarded for the brain injury caused at birth

Wolferstans were instructed by B’s parents following allegations of the negligent mismanagement of the Claimant’s birth at Derriford Hospital in Plymouth. It was alleged that an avoidable delay in the Claimant’s delivery resulted in the Claimant experiencing a period of oxygen deprivation which caused him to suffer a severe and permanent brain injury.

The Claimant suffered from a severe form of athetoid cerebral palsy. He lacks any form of independent mobility, save that he can roll on the floor and would appear to move purposefully from A to B. His bulbar musculature is severely affected and he has no tongue or useful mouth movements. He has no speech. The Claimant has undergone a gastrostomy with fundoplication. He is exclusively tube fed and needs to have secretions in his mouth suctioned every 30 minutes. The Claimant’s intellectual capacity is unknown. It is believed that he may have some retained intelligence. The Claimant is totally dependent upon others for all aspects of his care and it is anticipated that this will continue throughout his life. The Claimant will not be capable of managing his affairs, for practical purposes, as an adult. He will never be capable of remunerative employment.

The Claimant was a minor and the claim was brought by his father as Litigation Friend.

Investigations were undertaken in relation to the liability issues relating to the claim. A number of experts’ reports were obtained, all of which were extremely supportive. A Letter of Claim was written and a Letter of Response of response received denying all allegations of negligence. Proceedings were issued and the Defence was served admitting liability although the Defendant denied that all of B’s disabilities were caused as a result of the negligence.

A detailed investigation was undertaken in relation to quantum. A Schedule of Loss with supporting evidence placed a value on the claim of over £10,000,000 and included a claim for the cost of future care on the basis that the Claimant would require two carers for 24 hours a day for the remainder of his life.

The Defendant did not agree with our assessment and offered a sum of £2,516,385 that we considered too low. The claim therefore proceeded to court where B was awarded £6,513,655.

Fall in Hospital Leading to a Bleed to the Brain and Death

We were instructed by our client in relation to the avoidable death of her husband after he fell whilst at hospital and subsequently died in April 2013. He had been given a life expectancy of between three and nine months if he had not suffered the fall.

Our client’s husband had been admitted to Derriford Hospital suffering from a chest infection and on-going kidney disease on a background of advanced cancer. During his admission he was not placed in a high observation ward and was denied the use of his walking frame. His illness resulted in confusion and disorientation.

On 5 April 2013, at approximately 11.20pm, whilst on the ward at Derriford Hospital he was seen by a healthcare assistant who watched him attempt to mobilise to use a toilet but did not assist or take any action. It was noted that he was subsequently found by another healthcare assistant in the toilet, having fallen. It had previously been noted that his mobility and stability were poor but a formal risk assessment had not been conducted. On the night of April 6, he fell again. His records stated that a loud crash was heard from the end of the corridor. It was also noted that he had left the bed and whilst he had been advised to use the call bell, due to his state of confusion was attempting to return to a different ward. The impact of the fall was noted as being severe, a medium grade incident and that there was a slight possibility of it recurring. Unfortunately he had hit his head during the fall.

A CT scan of his head showed a left subdural haematoma with a significant midline shift. Following a neurological review, it was decided that he was not suitable to undergo surgery to relieve the developing haematoma, or bleed to the brain. On April 10, 2013, sadly he suffered a fit overnight. A further CT scan showed fluid around the bleed on his brain. On April 12, our client was informed that treatment was no longer assisting and so it was withdrawn. Our client’s husband sadly died at 7.30pm that evening.

Our client brought an action against University Plymouth Hospitals NHS Trust alleging that it was negligent in failing (i) to identify that X was at very high risk of falling; (ii) to carry out a risk assessment on admission or after the first fall or put a care plan in place; (iii) to ensure X was continually observed and supervised and equipment in place to assist in the event of a fall, in addition to being denied the use of a walking frame and failing to assess and establish X’s mental capacity and pre-existing conditions alongside the high risk of intracranial bleeding due to his medication.

Liability was admitted.

We achieved an out of court settlement for £28,500 total damages plus costs.

Brain Damage Caused By Waking Up During Surgery

£750,000 Awarded for Brain Injury Caused at Birth

This clinical negligence claim centred around allegations of the negligent mismanagement of the Claimant’s birth at John Radcliffe Hospital in Oxford. It was alleged that an avoidable delay in the Claimant’s delivery resulted in the Claimant experiencing a period of oxygen deprivation which caused him to suffer a severe and permanent brain injury.

The Claimant is permanently handicapped by a form of dystonic athetoid cerebral palsy which is asymmetrical with the right upper limb being most affected. He has a slow and clumsy gait and drags his right foot. He does not get the heel down well on the right side. He cannot balance on his right leg or hop on the right leg. Even on the left side he is unsteady. His right upper limb adopts a spastic posture all the time and movements are very clumsy. He is right had dominant but has learned to write with his left hand which is done is a slow, uncomfortable fashion. His speech is intelligible but with a definite dysarthria.

The Claimant was a minor and the claim was initially brought by his mother as Litigation Friend. Once the Claimant attained the age of majority the proceedings were transferred into the Claimant’s name.

Investigations were undertaken in relation to the liability issues relating to the claim. A number of experts’ reports were obtained, all of which were extremely supportive. The Defendant admitted liability at an early stage in the investigation.

A detailed investigation was undertaken in relation to quantum and following an extended period of negotiations the claim was settled on the basis of a conventional lump sum award of £750,000.

£250,000 in Compensation Awarded for a Fatal Brain Injury

Mrs B’s father, acting as Mrs B’s litigation friend, was pursuing this claim against Salford Royal NHS Foundation Trust with another firm of solicitors. He was dissatisfied with the service he was receiving and did not feel they had the expertise to deal with the claim so sought advice from AvMA who recommended he contact Simon Parford at Wolferstans.

Wolferstans thereafter took over conduct of the claim.

Mrs B was 25 years old at the time of her admission to hospital. She was married and had 2 small children.

She was admitted to Hope Hospital for a VP shunt revision. There were subsequent problems with the operation of the shunt and she had to undergo three further operations within the space of two weeks. It was following the last procedure that Mrs B was not monitored properly and as a result she developed a significantly raised intracranial pressure which caused severe and permanent brain damage.

Mrs B remained in hospital for a further 16 months where she underwent numerous operations for shunt revisions but was eventually transferred to a rehabilitation unit. Mrs B was in a permanent vegetative state. Two years later she was discharged to a nursing home where she remained until her untimely death.

At the time of instructions, Mrs B was still alive. Investigations were undertaken and after receiving supportive evidence a letter of claim was sent to the Defendant Trust.

The Defendant Trust served their Letter of Response in which a complete admission in relation to breach of duty of care and causation of injury was given.

Mrs B sadly passed away following the admission of liability. Following notification of Mrs B’s death, the Defendant Trust put forward a part 36 offer for the sum of £250,000. Mrs B’s father accepted their offer on behalf of Mrs B’s two children.

£33.4 Million in Compensation Awarded for a Brain Injury Resulting from Kernicterus

Cerebral Palsy

£33.4 million in compensation awarded for a brain injury resulting from kernicterus

Wolferstans pursued a claim of behalf of AA, a minor, to investigate a claim for cerebral palsy resulting from kernicterus.

AA was the first child of both of his parents. AA was born four weeks prematurely by caesarean section. His mother was induced due to concerns about rising anti-D antibody titres.

AA’s mother’s blood group is O negative and as a result she was required to receive injections of anti-D at 29 and 34 weeks’ gestation.

AA was jaundice at birth which was diagnosed and initially treated. The jaundice developed into neo-natal hyperbilirubinemia which eventually resulted in the development of bilirubin encephalopathy.

AA was discharged on the basis that he had made a recovery and would be reviewed in 6 weeks at a routine clinic. His parents questioned this decision as they di not believe he was well and during the 24 hours following his discharge AA’s condition deteriorated. His parents rushed him to the Accident and Emergency Department the day after his discharge as he was totally unresponsive.

AA was admitted for emergency treatment for his jaundice. He was given a blood transfusion in an attempt to lower his excessively high bilirubin levels.

AA suffered brain damage as a result of kernicterus which resulted in the development of athetoid-dystonic cerebral palsy.

AA is now 13 years old and as a result of his injuries he has significant hearing loss, a motor disorder, and severe cognitive impairment. AA can walk but with a very lurching, unsteady gait and often falls. As a result he requires a single level property that is fully wheelchair accessible.

AA suffers with almost constant involuntary movements and no fine motor control. It is difficult to feed AA. He can chew and has limited finger feeding skills but is essentially fed by others. He needs to be dressed and undresses.

He can say very few single words and has limited play skills so needs constant attention.

AA has input from a multidisciplinary team, including physiotherapy, occupational therapy and speech and language therapy.

AA will never be able to live independently and will be dependant on 24 hour care for the remainder of his life.

Wolferstans undertook investigations into this claim and following extensive discussions with the Defendants, were able to agree a settlement of £33.4 million before trial.

Endocarditis

£14.5 million compensation awarded for the delay in diagnosing and treating Endocarditis

Miss B was born with a congenital heart condition known as ventricular septal defect and underwent cardiac surgery to correct this when she was only two years old. She recovered will form the surgery and thereafter she developed normally and loved a full and active life as a child and teenager. She did however require regular review at the cardiac clinic due to her having an underlying risk of developing complications including endocarditis as a result of her congenital condition.

Wolferstans were instructed by Miss B’s mother to investigate the circumstances surrounding the development of endocarditis as a complication of her heart condition at the age of 16 years. It was alleged there was a significant period, that of three months, where the endocarditis was not diagnosed and was therefore left untreated which resulted in Miss B developing a serious brain injury.

Although Miss B turned 18 during the course of the proceedings, due to her brain injury she lacked capacity and therefore her mother remained as litigation friend.

Supportive evidence was obtained during our initial investigations however the Defendant’s denied liability.

Further investigation were undertaken in respect of liability and quantum and negotiations were commenced between Wolferstans and the Defendant Trust which were unsuccessful and a trial was listed to hear liability issues only.

Miss B’s mother was keen to settle the case so Wolferstans made a part 36 offer to settle the claim. Further negotiations ensued and an award of £14.5 million was agreed between the parties without any formal admission being made.

£4.25 million in compensation awarded for a brain injury resulting from kernicterus

Wolferstans were instructed to investigate a claim centred around allegations of the negligent mismanagement of the Claimant’s birth at St Mary’s Hospital, Portsmouth. It was alleged that an avoidable delay in the Claimant’s delivery resulted in the Claimant experiencing a period of oxygen deprivation which caused him to suffer a severe and permanent brain injury.

The Claimant suffered from quadriplegic cerebral palsy with increased muscle tone and muscle spasms affecting all four limbs. There was also some bulbar involvement with tongue thrust and mild dysarthria. He had significant disabilities and was very dependant on others for most activities of daily living. The Claimant had sparing of cognitive function and obtained some GCSEs.

Investigations were undertaken in relation to the liability issues relating to the claim. A number of experts’ reports were obtained, all of which were extremely supportive. A Letter of Claim was written and a Letter of Response of response received denying all allegations of negligence. Proceedings were issued and the Defence was served maintaining a denial of all aspects of breach of duty of care and causation of injury.

The case was listed for a split trial in relation to the liability issues only.

The Defendant eventually made some admissions and an application for an immediate interim payment of damages was made and an award obtained to enable the Claimant to employ a Case Manager and to put in place an initial care package. In addition a further interim payment was obtained in the sum of £600,000 which enabled the Claimant to purchase and adapt a suitable property.

A detailed investigation of quantum was undertaken.

In February 2007 the Defendant’s indicated a willingness to enter into negotiations and a Round Table Meeting was held where the Defendant made a number of alternative offers at this meeting in relation to settlement of the Claimant’s claim.

The case was eventually settled on the basis of the Claimant’s acceptance of a Defendant Part 36 Offer in the sum of £4,250,000.

£3.5 million awarded for brain injury caused at birth

This clinical negligence claim centred around allegations of the negligent mismanagement of the Claimant’s birth at Derriford Hospital in Plymouth on 21.12.1996. The Claimant was born by emergency caesarean section following dehiscence of his mother’s uterine scar from a previous caesarean section. It was alleged that an avoidable delay in the Claimant’s delivery resulted in the Claimant experiencing a period of oxygen deprivation which caused him to suffer a severe and permanent brain injury.

The Claimant suffered from a mixed spastic and athetoid cerebral palsy. He was severely profoundly physically disabled but had complete retained intelligence and attended a mainstream state school.

The Claimant was a minor and the claim was brought by his mother as Litigation Friend.

Investigations were undertaken in relation to the liability issues relating to the claim. A number of experts’ reports were obtained, all of which were extremely supportive. A Letter of Claim was written and a Letter of Response of response received denying all allegations of negligence. Proceedings were issued and a Defence was served admitting breach of duty of care and causation of injury, although not the extent of the Claimant’s disabilities and losses.

An application for an interim payment of damages was made. The initial interim payment was obtained to provide for the cost of case management and to establish an initial care regime. A second interim payment of damages was obtained to enable a suitable alternative property to be purchased and adapted, to continue to provide for the costs of case management and care and further to provide for the cost of equipment and suitable transport.

A detailed investigation was undertaken in relation to quantum and an extended period of negotiations with the Defendant was undertaken in an attempt to settle the claim without the need to go to court. The Defendant made proposals to settle the claim on the basis of a conventional lump sum award of £3,500,000. This offer was accepted subject to an investigation of a settlement on an alternative structured settlement basis. Independent financial advice was obtained following which the Claimant’s Litigation Friend provided instructions to settle the case on the basis of a structured settlement.

The approval of the Court and the Court of Protection was obtained to the proposed terms of settlement, to which the Defendant agreed.

£2.5 Million Awarded for Brain Injury Caused at Birth

Wolferstans were instructed to investigate allegations of the negligent mismanagement of the Claimant’s birth at Freedom Fields Hospital in Plymouth on 06.01.1992. It was alleged that an avoidable delay in the Claimant’s delivery resulted in the Claimant experiencing a significant period of chronic partial hypoxic ischaemia which caused her to suffer a severe and permanent brain injury.

The Claimant had spastic quadriplegic cerebral palsy. She was physically disabled although she had independent mobility. She had severe learning difficulties and behavioural problems.

The Claimant was a patient of the Court of Protection and the claim was brought by her mother as Litigation Friend.

Investigations were undertaken into breach of duty of care and causation of injury. The nature of the Claimant’s disabilities were unusual in so much as her physical disabilities were markedly asymmetrical. Experts’ reports were obtained which were supportive, although further investigations and consideration to the particular issues involved had to be given by the experts before Counsel would advise that the claim was sufficiently meritorious to proceed.

A Letter of Claim was eventually written and a Letter of Response received denying all allegations of breach of duty of care and causation of injury.

Proceedings were issued and the Defence again denied all allegations of breach of duty of care and causation of injury. The case was listed for a split trial in relation to the liability issues only, at the Royal Courts of Justice on 13.10.2003.

The Defendant continued to deny all allegations of breach of duty of care and causation of injury throughout. The Claimant proposed and arranged a round table conference at which for the first time the Defendant made an offer to settle the claim in the sum of £600,000. The Claimant indicated that she would not be prepared to settle for a monetary sum.

An application for an immediate interim payment of damages was made and an award obtained to enable the Claimant to employ a Case Manager and to put in place an initial care package. In addition, the interim payment was to be used to assist in deferring the costs of adaptions which were already being undertaken to the Claimant’s home to provide for her needs. A subsequent interim payment was obtained to cover these ongoing costs and also to provide for suitable transport and equipment.

A detailed investigation of quantum was undertaken. The Claimant served a Schedule of Loss with supporting evidence but again the Defendant continued to dispute the value of the Claimant’s claim and no constructive negotiations were entered into until very shortly before the Assessment of Damages Hearing which had been listed on 18.10.2004.

The case was eventually settled on the basis of the Claimant’s acceptance of a Defendant Part 36 Offer in the sum of £2,500,000.

Failure to Appropriately Diagnose and Treat Cerebral Vasculitis.

£2.5 million in compensation for the failure to appropriately diagnose and treat cerebral vasculitis.

In May 2005, our client, Mrs A, who was 38 years old, had a viral illness which she recovered from. In November 2005, Mrs A attended her GP with a low mood, panic attacks, weight loss, aches and nausea. There was a past history of viral fatigue and the GP put her symptoms down to a recurrent depressive episode.

Mrs A’s headaches continued and she developed pain behind her eyes so in January 2006 she was referred to a Consultant ENT Surgeon. At this appointment it was documented that Mrs A had lost her sense of smell and taste and she reported a 3-month history of headaches and pain in her top teeth, beneath both eyes and around her frontal sinuses.

Mrs A started experiencing spasms in her left leg, and later her right leg, that were increasing frequently and developed a generalized tremor. She complained of loss of bladder sensation and numbness f the perineum, was suffering from global headaches and noticed a slight droopiness of her left eyelid. As a result was referred to a Consultant Neurologist who undertook further investigations on 16 February 2006 when she was admitted to hospital for an MRI scan of her spine and a CT scan of her head, neither of which revealed any abnormality.

Mrs A developed a tremor which worsened so was re-referred to the Neurology service on 6 April 2006 and underwent a cranial MRI scan on 23 August 2006 which was suggestive of MS but the results were not reviewed as they had been lost in the system and therefore this diagnosis was not made.

In July 2006 Mrs A reported memory problems and was referred to a memory clinic in September 2006. In addition to her memory problems she was displaying uncharacteristic aggression and became very safety conscious. Her psychological state deteriorated further and she became aggressive and irrational.

Mrs A’s physical and psychological symptoms were worsening, and Mrs A’s mobility was affected.

Mrs A was seen privately in November 2006 following the deterioration of her physical and psychological wellbeing. An MRI conducted at the time was thought to indicate demyelination and was suggestive of MS.

Mrs A was sectioned in December 2006 due to her becoming increasingly agitated and Mrs A was diagnosed with Cerebral Vasculitis, an inflammation of the blood vessel wall involving the brain and occasionally the spinal cord.

Following treatment, the section was lifted and Mrs A returned to her parents home to reside there. Due to the delay in treatment, Mrs A now suffers sever mobility problems, urinary dysfunction and neuropsychological deficits characterised by impaired memory function.

Mrs A instructed Wolferstans to investigate a claim as she believed had the scan undertaken in August 2006 been reviewed, she would have received earlier treatment and would not have deteriorated and suffered the ongoing problems she now has to live with.

Wolferstans undertook investigations into the claim following which we sent a Letter of Claim to the Defendant setting out our allegations of negligence and we were able to agree a settlement of £2.5 million.

The Chief Executive of the Defendant Trust wrote Mrs A a letter of apology following the conclusion of the claim.

Negligent post-operative care following surgery to remove a brain tumour causing hydrocephalus

£1.8 million in compensation awarded for negligent post-operative care following surgery to remove a brain tumour causing hydrocephalus

Mr A was diagnosed with a pituitary tumour which was causing hydrocephalus, a build up of pressure in the head. He subsequently underwent surgery, a transsphenoidal hyposphectomy, at Derriford Hospital to treat and remove the tumour. Although the surgery was successful, Mr A developed post-operative complications and required intubation and was transferred to intensive care. As a result of a failure to deal with the post-operative complications appropriately, Mr A sustained a severe brain injury. This resulted in him requiring 24 hour care which he will continue to need for the remainder of his life. He has been cared for in private nursing homes since his original discharge from hospital.

We were instructed by Mr A’s daughter, to investigate a medical negligence claim against University Hospital Plymouth NHS Trust.

Following initial investigations, we obtained a number of supportive reports so commenced court proceedings. A defence was served containing a full admission of liability.

Wolferstans therefore undertook investigations in relation to quantum and following negotiations with the defendant’s, a settlement was agreed at a capitalised value of £1.8 million.

Delay in diagnosis of subarachnoid haemorrhage

Mr P remained in severe pain throughout the day and over the weekend. Three days later, Mr P presented to his GP who confirmed he was suffering with viral meningitis and no further action was taken.

Sadly, Mr P endured a long and slow recovery. He suffered with short term memory loss and had to learn to speak and to walk again. His eyesight was affected and he retired due to his health.

Mr P was later diagnosed with an organic personality disorder and continued to suffer with short term memory loss.

Brain Tumour

£20,000 Recovered After a Delayed Diagnosis of a Tumour Resulted in Tinnitus

Wolferstans were instructed to investigate a claim on behalf of Mr X against the University Hospital Plymouth NHS Trust after he discovered there had been a delay in diagnosis of a brain tumour.

Mr X initially presented to her GP in April 2013 with a history of headaches in the occipital-parietal area. He was initially diagnosed with migraines but when the headaches persisted Mr X was duly referred for a CT scan, which took place in January 2014.

The scan was reported by a Consultant Neuroradiologist at Derriford Hospital as normal and therefore no further action was taken in this regard. Instead Mr X was referred to ENT for further investigations, all to no avail.

By June 2014 Mr X had developed tinnitus in his left ear and paraesthesia on the left side of his tongue and lips. As a result, his GP referred him for an MRI scan in August 2014 which revealed a large left sided vestibular schwannoma.

Consultant Neurosurgeons advised that there was no other treatment other than surgical re-section with associated risks of hearing loss and paralysis on the left side of Mr X’s face. Instead Mr X undertook his own research and ultimately underwent stereotactic radiotherapy which was successful in stopping the tumour’s growth.

However, Mr X continues to experience left sided tinnitus and paraesthesia.

Wolferstans investigated Mr X’s claim and obtained expert evidence which confirmed that the CT scan performed in January 2014 had been reported incorrectly as normal when, in fact, the tumour was evident at that time and therefore could have been diagnosed earlier, before Mr X developed tinnitus and paraesthesia. The Defendant Trust initially admitted breach of duty of care but denied causation of injury in their Letter of Response.

However, Wolferstans continued to investigate the claim and made a time-limited offer in the sum of £20,000, which was accepted by the Defendant.

£1.8 Million In Compensation Awarded For Negligent Post-Operative Care Following Surgery To Remove A Brain Tumour Causing Hydrocephalus

We were instructed by Mr A’s daughter, to investigate a medical negligence claim against University Hospital Plymouth NHS Trust.

Following initial investigations, we obtained a number of supportive reports so commenced court proceedings. A defence was served containing a full admission of liability.

Wolferstans therefore undertook investigations in relation to quantum and following negotiations with the defendant’s, a settlement was agreed at a capitalised value of £1.8 million.

Cancer and Tumours

Misinterpretation Of Radiology Leading To Delay In Diagnosis Of Terminal Lung Cancer

We were initially instructed by Mrs S, but sadly she died during the process of her claim and Mr S took over conduct.

Mrs S was seen by her Practice Nurse at her GP practice on 21 January 2015 after she started to suffer from catarrh and specks of blood. As she was an ex-smoker, the Practice Nurse referred her to her GP.

Mrs S was seen by he GP on 3 February 2015, when he recorded that she had specks of blood in her sputum and was a heavy smoker. She was referred for a chest x-ray.

A chest x-ray was performed at Cumberland Infirmary on 11 February 2015 and was reported that the lungs were clear. This was reported back to Mrs S’s GP.

Mrs S’s symptoms persisted and she was seen by another GP on 7 January 2016, as she was still suffering from a tickly cough, catarrh, clearing of her throat worse when she was asleep.

The symptoms did not improve and she continued to suffer from bleeding when she coughed. On 11 March 2016 her GP referred her under the 2 week cancer path way for potential lung cancer.

Mrs S had a CT scan on 21 March 2016 which reported a large soft tissue mass measuring 2.6cm in diameter in the right lung. This had lobulated and an area had become necrotic with thickening of the wall lining. These appeared malignant and the right hilar nodes were present and significantly enlarged. There was also lesions within her liver.

Mrs S was seen by her Respiratory Physician, on 29 March 2016. He confirmed that he thought there was a lesion in the right apex identified on the first chest x-ray which had not been reported. Her symptoms had advanced from there and she had been coughing up blood intermittently for the last year and has been given nasal sprays for that and for the last 6 months she has had some right anterior chest wall pain. In the last 2 weeks she had been a bit breathless on exertion. He explained that he was highly suspicious that Mrs S has underlying lung cancer and the tests we are arranging now are to confirm the diagnosis, to look for spread and to assess her fitness for any further treatment we might offer.

Mrs S underwent a bronchoscopy and endobronchial ultrasound guided lymph node biopsy (EBUS) on 1 April 2016. The tests revealed stage 111 adenocarcinoma of the lung and this was not curable. She underwent chemotherapy.

Mrs S’s chest phyisican reviewed the original x-ray with the Clinical Director for Radiology. Having reviewed the x-ray dated 11th February 2015 and the CT scan on the 21st March 2016 the CT clearly demonstrates a right pulmonary mass. The radiologist stated that on review there is a pulmonary nodule at the right lung apex but perception of this is complicated by the overlying anatomy. He submitted this case for review at the Radiology Discrepancy Meeting.

Mrs S completed her chemotherapy and received 12 fractions of palliative radiotherapy to the right lung on 19 September 2016 until 4 October 2016.

She was subsequently admitted on 12 October 2016 and had a superior vena caval stent inserted.

Mrs S was seen in the Oncology Clinic 2 February 2017 when it was noted that a revised CT scan was in keeping with partial response to treatment but with new pulmonary metastases in the left lung. It was noted that Mrs S had a bad taste in her mouth, pain in right chest and was losing weight.

The repeat CT scan was indicative of disease progression. On review 19 July 2017 it was noted that the CT scan of brain showed a new lobulated peripherally enhancing 41mm max diameter mass within the right occipital lobe with significant oedema.

Mrs S was offered palliative chemotherapy but declined in light of the chances of it prolonging her life or improving her life expectancy.

Sadly, Mrs S’s health deteriorated rapidly. She died at home 23 September 2017.

We instructed a radiologist and oncologist to advise on breach of duty and identified the following failures:

1. Failed to report the lesion in right upper lobe in the chest x-ray taken and reported on 3 February 2015;

2. Reported the chest x-ray as “The heart and mediastinal contours are normal and the lungs are clear”.

3. Delayed the diagnosis of the primary bronchial carcinoma until February 2016.

If Mrs S’s chest x-ray taken on 3 February 2015 had reported a lesion in the right upper lobe, on a balance of probabilities, this would have resulted in further investigation and a diagnosis of lung cancer in early 2015, approximately 12 months earlier than the actual diagnosis in February 2016.

If diagnosed 12 months earlier, Mrs S would have had pathological stage 2A disease (T1 N1) for which she would have undergone lobectomy and adjuvant chemotherapy.

Treatment would not have been curative and Mrs S would subsequently have developed recurrence requiring further chemotherapy and possibly radiotherapy. However, the Deceased would have had a better quality of life for two years and would have avoided superior vena caval obstruction and the need for a superior vena caval stent.

On the balance of probabilities, Mrs S would have lived for an additional two years as a consequence of earlier diagnosis and treatment.

The Defendant admitted liability, but only accepted a 1 year loss of life rather than the pleaded case of two years.

Mr S received £45,000.00 in settlement of the claim on behalf of the estate of his wife.

£15,000 Recovered For An Unnecessary Removal Of A Facial Lesion

Wolferstans pursued a claim on behalf of Mrs X who asked us to investigate a claim against the North Bristol NHS Trust after undergoing an unnecessary excision of a lump from her nose.

In August 2013 Mrs X noticed a pimple type lesion on her nose which did resolve despite treating with creams. The lesion appeared to grow and, as a result, Mrs X presented to her GP who immediately fast-tracked her referral to the plastic surgery department at Frenchay Hospital due to concerns of possible basal cell carcinoma.

Mrs X was assessed in December 2013 and advised that it was unlikely to be a benign diagnosis and therefore the suspicion of basal cell carcinoma remained. Mrs X’s Consultant explained that the lesion needed to be excised and a full thickness skin graft would have to be performed from a donor site on the back of her neck. She questioned the decision to proceed immediately with surgery without performing a biopsy in the first instance but placed her faith in the Consultant’s advice.

Th lesion was excised with a 4mm margin down to the cartilage. Following surgery Mrs X was very unhappy with the appearance of her skin graft as it covered the majority of her nose.

Following excision Mrs X was advised that there was no sign of cancer or other malignancy and the lesion was, in fact, a follicular haematoma which was unexpected and she was promptly discharged from their care.

Mrs X maintained that if she had been informed at the outset of any possible alternative diagnosis other than a basal cell carcinoma she would not have proceeded with the operation as the lesion was significantly smaller and much easier to conceal with makeup than the scar she had been left with following surgery.

Wolferstans were instructed to investigate the claim and, upon receipt of supportive expert evidence, served a Letter of Claim on the Defendant. The Defendant denied liability and Court proceedings were issued and served upon the Defendant, following which the Defendant made a Part 36 offer in the sum of £15,000 which was accepted by Mrs X.

£2.8 million award for failure to detect osteosarcoma (bone tumour)

On 4 December 1999, Mrs SD attended hospital with a painful right knee having fallen from a ladder. An x-ray was taken and she was found to have a comminuted fracture, she underwent an operation the next day.

Unfortunately, x-rays taken after the operation indicated a worsening of the position. By February 2000, Mrs SD was in a cast brace and by April 2000 was suffering from increased pain and had a fixed flexion deformity. X-rays taken in May 2000 indicated a marked deformity of the right knee. By this time the Mrs SD’s mobility had decreased and her pain had increased.

In June 2004, Mrs SD had a further fall. In February 2005 it was decided that the metal work should be removed to check if the non-union and ongoing problems were due to infection. No infection was found but a benign giant cell tumour was diagnosed.

Between May 2005 and November 2007, Mrs SD underwent various operations on her knee and pelvis. In November 2007 it was confirmed that Mrs SD had a high grade osteosarcoma and she had five course of chemotherapy. In April 2008, Mrs SD underwent a right hemipelvectomy.

Mrs SD went on to develop secondary lung cancer and underwent a thoracotomy and removal of a mass from the right lung in May 2009.

Mrs SD’s previous solicitors had been unable to locate the x-rays from December 1999 which were central to the question of whether the tumour was present in 1999. Wolferstans located x-rays for Mrs SD from 1999-2005. These were subsequently reviewed by an orthopaedic surgeon who confirmed that there was clear evidence of the tumour in 1999.

Wolferstans submitted Particulars of Claim in May 2009 for a claim against Chelsea and Westminster Hospital NHS Trust on the basis that if the tumour had been diagnosed in December 1999, Mrs SD would have been completely cured of her cancer and orthopaedic problems. Initially, the Defendant denied any breach of duty in their Defence. In June 2012 the Defendant admitted breach of duty and causation and the case proceeded to consider quantum.

Quantum reports were obtained from a variety of experts. The case proceeded to experts meetings and a round table following which settlement was reached. The settlement of approximately £2.8 million is a lump sum of £1,852,250 and annual payments for life f £25,000 increasing to £50,000 in 2021.

Case Study – Failure On Behalf Of A Paediatrician To Diagnose Phaeochromocytoma (Tumour Of The Adrenal Gland) Leading To A Period Of Extended PSLA

Miss R was aged 11 when she began to develop symptoms of headaches and profuse sweating and noticed that the skin on her legs and feet was unusually red. Her Mother took her to her General Practitioner for some advice, and she was reassured that she was probably fine and it was hormone related.

Miss R continued to experienced these symptoms and her Mother took her back to the General Practitioner for a second time. The GP conducted an examination and it was felt she might be suffering with an iron deficiency anaemia. She was prescribed iron tablets and a referral was sent to a Paediatric Consultant at the University Hospital of North Tees for further assistance.

Miss R was seen by the Consultant Paediatrician a few months later, who felt that she had some kind of virus and her symptoms were related to this. Her blood pressure was taken at this appointment and it was elevated but no further action was taken and she was discharged from the care of the hospital, back to her General Practitioner.

Unfortunately for Miss R, her symptoms did not disappear and got worse. She had begun to experience palpitations and had episodes of profuse sweating where she turned pale. Her hands begun to turn red and her skin looked dry. Miss R’s school had expressed serious concerns over her health and well being and her Mother took her back to the General Practitioner for help.

The GP who saw Miss R, took her blood pressure and noted that it was excessively elevated at around 145/105 and urgently referred her back to the Paediatrician at the University Hospital of North Tees.

Despite the urgency of the referral, Miss R was not seen until two months later, some 12 months after her symptoms had begun. When she was finally seen at the hospital, she was examined and her blood pressure taken. At this appointment it was recorded as 138/77. A second reading was taken which measured 120/85. Despite these incredibly high readings, no further action was taken and she was sent back to her GP, with advice to continue to monitor her blood pressure.

Miss R’s GP remained very concerned and after measuring her blood pressure for the following 4 weeks, so sent her to Accident and Emergency at the nearest hospital for investigation. Miss R was seen at the Royal Victoria Hospital in Newcastle who performed a scan and found evidence of lump on her adrenal gland.

Miss R was shortly thereafter diagnosed with Phaeochromocytoma and had urgent surgery to remove the tumour. Miss R recovered well from this operation and since being followed up there was no evidence of any adverse consequences to her overall health.

Miss R’s Mother spoke to Wolferstans because she felt the University Hospital of North Tees did not take her condition seriously and failed to diagnose her as suffering with Phaeochromocytoma. Wolferstans took on her case and instructed both a Paediatrician and Paediatric Nephrologist both of whom were critical of the care provided to Miss R.

Wolferstans investigated the claim and during the course of the investigation the Defendant admitted liability. Wolferstans were able to secure a settlement of £7,500 for Miss R.

Delay in Diagnosis of Malignant Melanoma

At age 30, Mr W attended his GP regarding a mole on the calf of his leg which caused him some concern. A referral was made to the Dermatology Department of Wirral University Teaching Hospital NHS Foundation Trust who became the Defendant. The Dermatologist examined Mr W and offer him reassurance that the mole was a benign ‘Spitz Naevus’ and nothing to cause concern.

A year later, Mr W returned to his GP because of the same mole which had ruptured and started to bleed. An urgent referral was made to a different Dermatology Department in Devon who immediately recognised and diagnosed Mr W with a malignant melanoma. Laboratory testing confirmed the diagnosis and identified the cancer had metastasised. Radical surgery was undertaken as well as radiology and chemotherapy but catastrophically, Mr W was given a terminal prognosis.

Mr W contacted Wolferstans and instructed us to investigate the events of his earlier Dermatological appointment and to attempt to negotiate compensation, not for him, but for his family. Unsurprisingly, once we obtained our evidence in support of the events, the Defendant admitted liability immediately. The difficulties lay in proving that with earlier treatment Mr W terminal prognosis could have been avoided. Expert oncology evidence was obtained to determine this element of the claim however, in the meantime, we were able to secure an interim payment in the sum of £60,000 for Mr W.

The Defendant Trust denied that earlier treatment would have cured his condition, however, a settlement agreement was reached in the sum of £475,000. This sum was to compensate Mr W for the pain and suffering caused by the Defendant, all equipment he will need at home as his condition deteriorates, help around the home which he would undertaken himself and full private care throughout his life.

£15,000 In Compensation Awarded For Failure To Diagnose Cancer

Wolferstans pursued a claim on behalf of Mr M who asked us to investigate a claim concerning the treatment received by his wife who sadly passed away in August 2012.

Mrs M suffered from asthma and historically had a bout of bronchitis once a year.

Between 22 and 24 March 2011 Mrs M suffered a severe bout of bronchitis for which she was prescribed three courses of steroids and antibiotics and was eventually admitted to the Medical Assessment Unit at Derriford Hospital for treatment.

As part of the investigation into Mrs M’s symptoms she received a chest x ray during this time. She was not advised of the results of the x ray and was discharged from hospital after a few days.

In August 2011 Mrs M stumbled at home and attended the Accident and Emergency department at Derriford Hospital complaining of severe upper back pain and a further x ray was taken. She was advised that this was normal.

In September 2011 Mrs M’s GP undertook routine blood tests, the results of which suggested her body was not absorbing iron and she was prescribed iron tablets for a few weeks before being referred to Derriford Hospital for a CT scan of her abdomen, stomach pelvis and chest to rule out a small bleed.

In October 2011 Mrs M was informed by the hospital that x rays had identified a shadow on her right lung and she subsequently attended an appointment at the chest clinic on 25 October 2011.

At the appointment Mrs M was advised that she had lung cancer which had spread to the lymph nodes in her neck. She was also advised that the earlier x ray in March 2011 had identified this but it had not been reported.

Mrs M was subsequently advised that as the cancer had spread to the lymph nodes they could not operate and chemotherapy to improve her quality and longevity of life was the only option.

Sadly Mrs Middleton passed away on 20 August 2012.

Wolferstans undertook investigations into this claim following which we sent a Letter of Claim to Plymouth Hospitals NHS Trust setting out our allegations of negligence. The Defendant did make some admissions in relation to the duty of care owed to Mrs M and we were subsequently able to enter into negotiations with them. We ultimately were able to agree a settlement of £15,000.00 to acknowledge the prolonged period of pain and suffering which Mrs M encountered as a result of the delay in diagnosing her condition.

£105,000 In Compensation Awarded For Failure To Diagnose Cervical Cancer

Wolferstans pursued a claim on behalf of Mrs X who asked us to investigate a claim concerning a delay in diagnosing cervical cancer against Southmead Hospital.

In June 2004 Mrs X attended her GP surgery for a cervical smear. This was sent to a local Hospital. The slide was reported as negative but it was noted that there was an appearance of cervicitis and it was recommended that a repeat smear be undertaken in 12 months.

Mrs X subsequently attended her GP surgery and underwent a further cervical smear in June 2005 which was again sent to the same local hospital. The slide was again reported as negative and a further smear was recommended in 12 month’s time because of the previous borderline test.

Mrs X underwent a further smear in May 2006 which was reported as negative and as a result returned to three yearly screening tests.

In September 2009 Mrs X underwent a further cervical smear which was again reported as negative.

In 2012 Mrs X fell pregnant and as a result her routine smear test was delayed until May 2013.This slide was reported as showing abnormal cells and Mrs X subsequently underwent a colposcopy. A biopsy was undertaken at the same time and Mrs X was informed she had an invasive cancer of the cervix for which she underwent a hysterectomy. Fortunately Mrs X made a full recovery following the surgery.

Mrs X instructed Wolferstans to investigate a claim as she was concerned that the cancer was so extensive at the time of diagnosis. Wolferstans obtained copies of all of the previous smear tests and it was apparent that these had been reported incorrectly and that Mrs X should have undergone further investigation after each of the smear tests that had been performed. Had the smears been correctly reported in 2005, 2006, or 2009 and referral for colposcopy made on any of these three occasions it would have been possible to treat Mrs X’s cancer with less invasive treatment and she would have avoided the hysterectomy.

Wolferstans undertook investigations into this claim following which we sent a Letter of Claim to North Bristol NHS Trust, setting out our allegations of negligence. The Defendant made a full admission and we were able to agree a settlement of £105,000.00.

Delay In Diagnosing And Treating Skin Cancer

During 2008, Mr C noticed a small pink mark on his upper cheek which he found was more noticeable when his skin was cooler. This wasn’t causing him any problems although was noticed by his GP when attending the sick bay within the MOD.

In January 2011 Mr C noticed that the mark had opened and was occasionally weeping a clear fluid and a small amount of blood. His GP originally diagnosed him with Solar Keratosis, a common skin condition resulting from skin damaged over a number of years. Mr C was then referred to the dermatology department at Derriford Hospital.

Mr C was advised during his appointment that a biopsy would need to be taken to confirm any diagnosis. Mr C chased confirmation that this appointment had been booked but was not able to make contact with the hospital, despite numerous phone calls. By the start of 2012 Mr C still had not received and appointment and had moved with work, subsequently working in a hot climate once again.

The mark on his skin continued to grow and by April 2012 was approximately two cm in diameter and was constantly weeping. Mr C returned to his GP who refereed him back to the hospital. In June 2012 Mr C finally had his appointment and had a biopsy taken of the mark on his skin. By now it was approximately three cm in diameter and was weeping and causing discomfort.

Mr C had stitches in his the site where the biopsy had been taken and returned to his GP in August 2012 as these had come out and it had not healed. During this appointment Mr C was told that the biopsy results were back and that the lesion was benign. He was still urged to make a follow up appointment to discuss treatment of the lesion going forward.

Mr C had to continue to chase the hospital for his follow up appointment. When Mr C had his appointment at the hospital he was told that in fact he had ulcerated invasive basal cell carcinoma with an infiltrative growth pattern. Mr C was told that this would need to be removed and surgery was required. This was a shock to Mr C who complained at the time about the lack of treatment he had been given for his lesion. Mr C was then told that it appeared that he had ‘fallen into an administrative black hole’.

Mr C then sadly experienced yet more delays in having his surgery and the lesion became infected causing him yet more pain and discomfort. Mr C did not like leaving the house as the lesion was becoming so large that it was very noticeable. Mr C eventually had his surgery in February 2013 and all of the skin cancer was removed successfully. Mr C was however left with a large scar that runs from the corner of his eye back to his left ear.

In February 2015 Wolferstans secured £6,500 for Mr C in respect of his claim against Plymouth Hospitals NHS Trust.

£20,000 Recovered After A Delayed Diagnosis Of A Tumour Resulted In Tinnitus

Wolferstans were instructed to investigate a claim on behalf of Mr X against the University Hospital Plymouth NHS Trust after he discovered there had been a delay in diagnosis of a brain tumour.

However, Mr X continues to experience left sided tinnitus and paraesthesia.

However, Wolferstans continued to investigate the claim and made a time-limited offer in the sum of £20,000, which was accepted by the Defendant.

£18,000 Recovered For Delay Diagnosing Metastatic Disease

Wolferstans pursued a claim on behalf of Mrs R who asked us to investigate a claim against the Betsi Cadwaladr University Health Board following a delay in diagnosis of breast cancer.

Mrs R was referred to the Breast Clinic at the Ysbyty Gwynedd Bangor in December 2003, following which she was diagnosed with breast cancer and subsequently underwent a right mastectomy and axillary node clearance in December 2003.

She was reviewed annually with no evidence of recurrence and underwent reconstructive surgery in February 2005, following which she was eventually discharged from the hospital’s care in 2009.

Between 2009 and 2014 Mrs R complained of ongoing pain in her lower back, hips and chest. She underwent various assessments and received pain killing mediation. However, unbeknownst to Mrs R at the time, consideration was given to the possibility of bone metastases in 2012 but this was not acted upon further at that time.

Mrs R was eventually diagnosed with metastatic breast disease in July 2015 after presenting to A&E with severe chest pain radiating from the ride side of her back. She was commenced on chemotherapy and underwent radiotherapy.

It was Mrs R’s case that the Defendant was negligent in that in September 2012, following her admission to hospital complaining of pain in the upper back, radiating to the chest, consideration was given to the possibility of bone metastases which should have required an MRI scan or xrays of the thoracic lumbar spine. Despite consideration, no such tests were performed at that time nor did any subsequent investigations take place in 2013 and 2014 to investigate the cause of Mrs R’s back pain. As a result in the delay in diagnosis of bone metastases, Mrs R had to undergo radiotherapy which could have otherwise been avoided with earlier diagnosis, along with pain and suffering throughout the entire period of time.

Wolferstans investigated the claim and, after receiving supportive independent medical expert evidence, served a Letter of Claim on the Defendant. The Defendant Trust admitted liability and the claim was eventually settled in the sum of £18,000.

£12,500 Recovered In Respect Of Delay Diagnosing Merkel Cell Carcinoma

Wolferstans pursued a claim on behalf of the estate of late Mr L against the University Hospitals Plymouth NHS Trust after a delay in diagnosis of Merkel Cell Carcinoma resulted in progression of the disease.

Mr L was diagnosed with chronic lymphocytic leukaemia (CLL) in August 2011.

On 14 July 2011 Mr L presented to his GP with a lesion on his upper arm which had been slowly growing over the previous few months and had become painful when knocked. The GP contacted Mr L’s Consultant Haematologist and brought the lesion to his attention.

Mr L was reviewed by the Haematologist on 18 August 2011 who took a photo of the lesion and documented its size at that time but no further treatment or investigation was undertaken at this point.

By 18 October 2011 the lesion on Mr L’s arm had grown much larger which was documented by the Haematologist. As a result he was referred to a Consultant Dermatologist for a second opinion.

Mr L was duly assessed by the Dermatologist on 27 October who took a biopsy and sent the sample to histology, the results of which were confirmed on 7 November as showing features consistent with Merkel Cell Carcinoma. Mr L was then referred to Plastics and an ultrasound guided core biopsy confirmed the diagnosis of Merkel Cell Carcinoma on 6 December 2011. Surgery to remove the lesion took place on 14 December following which Mr L underwent a course of chemotherapy.

Unfortunately the Merkel Cell Carcinoma recurred in April 2012 necessitating further surgery, and radiotherapy was recommended pending healing of the excision wound.

Sadly Mr L was readmitted to Derriford Hospital in September 2012 following acute deterioration in his condition where further tests revealed metastatic spread of the disease. Chemotherapy was poorly tolerated and tragically Mr L passed away in October 2012.

Wolferstans obtained expert evidence confirmed that if the Merkel Cell Carcinoma had been identified on biopsy approximately two months earlier Mr L would most likely have been diagnosed with Stage 2 B disease rather than Stage 3. This would have resulted in him undergoing less invasive surgery, avoiding its rapid and painful progression and he would have been unlikely to develop a recurrent lesion within 4 months thereby avoiding further surgery with its associated wound complications.

The Defendant denied liability upon receipt of Letter of Claim and Wolferstans issued Court proceedings. Negotiations subsequently took place resulting in Mr L’s estate being awarded the sum of £12,500.

Cardiology and Heart Surgery

Paramedics Failing To Transfer Cardiac Patient To Hospital

Mr M brought a claim for damages, on behalf of the estate of his late wife, Mrs M, who was sadly aged 44 when she died in 2010.

£20,000 In Damages Awarded For A Negligent Administration Of An Epidural

Fortunately Mrs D recovered well from the ordeal despite her mobility being adversely affected and battling with psychiatric injury. She has a fear of having to go to her G.P or back into hospital.

£5,500 Recovered For Administrative Error In Relation To Cardiac Treatment

Wolferstans pursued a claim on behalf of Mr F who asked us to investigate a claim against the University Hospital Plymouth NHS Trust following an administrative error regarding his heart surgery.

Mr F had suffered from angina for many years which had been controlled with a GTN spray.

In January 2014 Mr F found that this was not sufficient, and his GP duly referred him to the Cardiology Department at Derriford Hospital. Mr F was reviewed by a Consultant Cardiologist on 27 January 2014 where it was noted that Mr F had intermittent central chest pain, radiating up to the jaw, approximately once or twice a week with low grade pain persisting between these episodes. An ECG was reported to show abnormal sinus rhythm, and Mr F was advised that he would be added to the urgent waiting list for a coronary angiogram.

Unfortunately, due to a hospital administrative error, this urgent angiogram did not take place until 29 July 2014 and in the intervening period Mr F continued to experience symptoms.

Following the angiogram in July 2014 Mr F was advised that he had severe heart disease and he was duly referred for dual anti-platelet therapy, prescribed lifelong aspirin and underwent stenting surgery.

Initially, following this procedure, Mr F was well but in February 2015 he was readmitted to Derriford Hospital where he was diagnosed with unstable angina. This continued and, as a result, he had to give up work.

Wolferstans investigated the claim and served a Letter of Claim on the Defendant. The Defendant admitted breach of duty of care and accepted that it would have been reasonable to list Mr F’s procedure for 8 weeks following his appointment in January, resulting in the stenting procedure taking place by the end of March and therefore there had been a four month delay due to the administrative error. However, the Defendant denied causation and maintained that Mr F did not suffer a myocardial infarction or any other lasting damage as a result of that delay but, in the interests of pragmatism and to reflect the litigation risk, the Defendant made a time limited offer of £5,500 for unnecessary pain and suffering which was accepted by Mr F.

Cauda Equina

Missed Cauda Equina Symptoms at A&E

Cerebral Palsy

Failure to Monitor Urine Levels in Baby Results in Cerebral Palsy

Baby G at only two weeks of age was admitted to his local hospital under the control of the South West Strategic Health Authority, for feeding problems. A complex diagnosis was made of posterior urethral valves, infection and thrombocytopenia secondary to infection. Baby G was transferred to Bristol Children’s Hospital for emergency surgery.

After his surgery, concerns were expressed about the volume of urine Baby G was passing and a plan was made to monitor him hourly and ensure there was sufficient replacement. Overnight large amounts of urine which were not adequately replaced were recorded and later that morning Baby G suffered cardio-respiratory arrest.

Baby G suffered extremely severe neurological consequences as a result of the collapse. He was diagnosed with cerebral palsy, spastic quadriparesis and was wheelchair bound, had severe learning difficulties and epilepsy which is poorly controlled and has no useful vision.

A report was obtained from a Paediatric Intensivist which was critical of the failure to adequately monitor and manage Baby G’s fluid balance at the relevant time and causation evidence obtained from a Neuroradiologist who confirms that Baby G’s neurological disabilities were as a consequence of the cardiac arrest.

Once we had presented our case to the Defendant Trust, a full admission of liability was received. This meant that we could concentrate all our efforts on ensuring that we included everything Baby G could possibly need for the entirety of his life. This also included the instruction of a deputy who would be responsible for Baby G’s finances and necessary purchases as he would be unable to make the necessary decisions himself.

A lump sum was awarded in the sum of £2.2 million with yearly periodical payments to cover his annual expenditures for care in the sum of £208,000. The benefit of periodical payments meant that this sum fluctuated with the rate of inflation and were set to be paid every year for the rest of his life. It offered peace of mind to Baby G’s family knowing that the money would not run out and his needs would always be met.

£3.5 Million Awarded For The Brain Injury Caused At Birth

The Claimant suffered from a mixed spastic and athetoid cerebral palsy. He was severely profoundly physically disabled but had complete retained intelligence and attended a mainstream state school.

The Claimant was a minor and the claim was brought by his mother as Litigation Friend.

Investigations were undertaken in relation to the liability issues relating to the claim. A number of experts’ reports were obtained, all of which were extremely supportive. A Letter of Claim was written and a Letter of Response of response received denying all allegations of negligence. Proceedings were issued and a Defence was served admitting breach of duty of care and causation of injury, although not the extent of the Claimant’s disabilities and losses.

The approval of the Court and the Court of Protection was obtained to the proposed terms of settlement, to which the Defendant agreed.

£2.5 Million Awarded For The Brain Injury Caused At Birth