DR PETER ELLIS WINS BRACHIAL PLEXUS INJURY CASE

Dr Peter Ellis represented the successful claimant John Dutchman-Smith, a 38 year old man, who lost the use of his right arm following a negligent delay in the diagnosis of a fracture dislocation of his right shoulder. In a judgment handed down on 7 January 2011 in Dutchman-Smith v Harrogate & District NHS Foundation Trust, HHJ Walton concluded that the brachial plexus injury had been caused by unrelieved traction and compression of the nerve roots, during the three day period until the fracture dislocation was diagnosed and treated. John had been sent home twice from Harrogate District Hospital’s accident and emergency department, on Christmas Day and Boxing Day 2005, with a diagnosis of muscular strain, following a fall in the hotel where he had been staying with his parents. The fracture dislocation was not diagnosed and reduced under general anaesthetic until 28 December 2008, when John attended Cumberland Infirmary for a second opinion. Although the Trust had admitted negligence, it contended that all of the neurological complications were caused by the initial fall and shoulder fracture dislocation. John was awarded damages of £287,000 and costs, which had been agreed prior to the trial, subject to proof of causation.  Dr Ellis was instructed by partner Marcus Nickson of KJ Commons & Co, Whitehaven.