NHSLA decide not to appeal in Bristol Royal Infirmary case
12 March 2008
The NHS Litigation Authority (NHSLA) has confirmed that it will not appeal against a High Court ruling in favour of a victim of the Bristol Royal Infirmary scandal.
Marianna Telles was born with a congenital heart defect, which meant that insufficient oxygenated blood was reaching her brain. This is potentially a fatal condition. Shortly after her birth in May 1985, Marianna underwent cardiac surgery, at Bristol Children's Hospital, to increase the flow of blood to her lungs and so the amount of oxygen reaching her brain. Mr Dhasmana, the surgeon who conducted the operation was later disciplined by the General Medical Council following a public inquiry into the paediatric cardiology service offered at BRI in the 1980's and 1990's.
After a seven day trial, Mr Justice Saunders found that this operation had been negligently carried out and had left Marianna with profound brain damage and requiring 24 hour care. Despite the judge refusing permission to appeal, the NHSLA considered appealing directly to the Court of Appeal. Their change of mind now means that a timetable can finally be set for reaching a decision on damages. Any award is likely to be in seven figures. The NHSLA has recently agreed to an interim payment of £500,000.
Simeon Maskrey and Adam Korn are instructed on behalf of Marianna Telles.