Simon Wheatley in reported case
2 December 2009
KC v UNIVERSITY HOSPITALS COVENTRY & WARWICKSHIRE NHS TRUST (2009)
Total Damages: £340,000 plus periodical payments
Judge: HHJ McKenna
Age at trial: 31
PSLA: £150,000
Type of Award: Out of Court Settlement (approved)
Court: Out of Court Settlement (Approved, QBD)
Age at injury: 20
Sex: Male
The claimant, a 31-year-old man, received a £340,000 lump sum payment and periodical payments of £30,000 per annum, for the duration of his life, following the failure by the hospital to perform an emergency operation to revise a ventricular peritoneal shunt in the period between January and March 1998, and the consequent damage to the claimant of irreversible bilateral blindness.
Claimant: Male: 20 years old at date of accident; 31 years old at date of settlement.
Clinical Negligence: The claimant (C) was born with spina bifida and hydrocephalus and he later underwent a ventricular peritoneal shunt procedure. On January 20, 1998, C was admitted to a neurosurgical unit of a hospital of the defendant trust (D) with a blocked shunt. C had raised intracranial pressure and two days later the consultant in charge examined C, reviewed a CTC scan and concluded that the intracranial pressure was almost certainly due to shunt malfunction.
By January 27, 1998, C's visual acuity was recorded as "counting fingers only" in his right eye and 3/60 in his left eye. Eye examinations showed grossly swollen and haemorrhagic optic nerve heads and the consultant ophthalmologist informed the consultant in charge of C's care that their suspicion of raised intra-cranial pressure appeared to be correct. D planned to perform a shunt insertion procedure on February 3 but the surgery did not take place. Another specialist later took charge of C's case and on March 9, a craniotomy was performed. However, C suffered irreversible bilateral blindness.
C sustained injury and brought an action against D alleging that it was negligent in failing to perform an emergency shunt revision procedure between January 20, 1998, and March 9, 1998.
Liability admitted in part. D admitted that it had been negligent in failing to carry out the treatment from January 27, 1998, but alleged that C's sight had been so damaged by that date that it had not caused any additional loss.
Injuries: C suffered irreversible bilateral blindness.
Effects: C was paraplegic and wheelchair dependant prior to the alleged negligence. However, C alleged that he had just started a course at an independent college with the intention of increasing his independence and skills. D relied on C's underlying physical disabilities and problems with short-term memory and his learning difficulties. D suggested that before the hospital had become involved in C's care, C had been cared for by his foster parents and their assistance was necessary in any event for most aspects of C's daily living.
Out of Court Settlement: £340,000 lump sum and periodical payments of £30,000 per annum for the duration of C's life.
Background to damages: The periodical payments were to be linked to ASHE 6115.
The case was settled on a global basis with no particular breakdown of damages. It was initially proposed that C should receive a £900,000 lump sum to compromise the claim. However, that overall lump sum was then translated into an offer that comprised the combination of lump sum and periodical payments, as set out above. On the basis of the original single lump sum proposal the following breakdown was estimated by the claimant's solicitors:
Breakdown of General Damages: Pain, suffering and loss of amenity: £150,000; Future care costs: £500,000.
Breakdown of Special Damages: Past care costs: £100,000; Past service and equipment costs: £50,000; Past loss of earnings and interest: £100,000.
Simon Wheatley instructed by Brindley Twist Tafft & James for the claimant. Beven Brittan LLP for the defendant.
LTLPI 2/12/2009
This Quantum Report was provided courtesy of Simon Wheatley of 7 Bedford Row, counsel for the claimant.
Document No. AM0201447