Total Damages: £200,000
Trial/settlement date: 26/9/2011
Age at trial: 66
PSLA: £60,000Type of Award: Out of Court Settlement
Court: Out of Court Settlement
Age at injury: 62
Sex: Female
The claimant, a 66-year-old woman, received £200,000, for the shoulder injury she sustained following alleged failures in medical treatment provided to her between August and November 2007. Her shoulder joint was destroyed and she suffered a bone infection, reduced levels of strength in her arm and a limited range of movement.
Claimant: Female: 62 years old at date of accident; 66 years old at date of settlement.
Clinical Negligence: On August 10, 2007, the claimant (C) attended an accident and emergency department of the defendant trust (D) suffering from fever, nausea, swelling and pain in her right upper arm. It was suggested that she might be suffering deep vein thrombosis. It was arranged that anticoagulation and an investigation would be undertaken and C was sent home. By August 13, the pain had become more severe and C had developed lower back pain and urinary incontinence. The following day she was admitted to the accident and emergency department and was intravenously administered a single dose of antibiotics and a microbiology consultant advised that she should undergo intravenous antibiotic therapy. However, C's orthopaedic consultant advised that she should not take antibiotics until the source of the sepsis was found.
On August 15, 2007, C underwent an ultrasound scan which showed a small rotator cuff tear but no DVT. On August 16, 2007, a hydrocortisone injection to the right shoulder was given. On August 17, 2007, it was recorded that if her temperature continued to spike and no source of sepsis had been found, antibiotics should be started on an empirical basis. C's temperature continued to spike but empirical antibiotics were not started. On August 21, C was started on IV antibiotics. A CT scan was carried out on August 24 and revealed the presence of two abscesses in the left psoas muscle. IV antibiotics were continued. On September 27, 2007, C complained of pain in the right shoulder. On October 1, 2007, a further hydrocortisone injection was given to the right shoulder. C was discharged on October 5 with no plans in place for her to receive further antibiotic treatment.
On October 23, 2007, C attended an outpatient appointment. She reported suffering continuous pain in her arm and she was given a further hydrocortisone injection. On November 29, she was admitted to hospital suffering from suspected septic arthritis and she underwent a washout of her septic right shoulder. Intravenous administration of antibiotics was restarted and continued until January 2008, when she was discharged home and provided with oral antibiotics.
C sustained injury and brought an action against D alleging that it was negligent in (i) failing to administer intravenous antibiotics on August 14, in line with the microbiology consultant's advice; (ii) failing to consider a diagnosis of septic arthritis on or around August 14; (iii) injecting steroids into her shoulder in the presence of sepsis on August 16, October 1, and October 23, 2007; (iv) failing to administer intravenous antibiotics until August 21, except for one initial single dose; (v) failing to perform serial washouts of her infected shoulder joint until November 29.
Liability admitted in part. D admitted that injecting steroids into the infected shoulder joint represented a breach of duty. Causation was disputed.
Injuries: C's right shoulder joint became infected.
Effects: The shoulder joint was destroyed and C suffered an ongoing chronic bone infection for which she used antibiotics and narcotic analgesics. C experienced pain in her upper arm which she controlled using pain relief.
The strength in her right arm was reduced and her arm movements were limited. C suffered a moderate depressive episode, caused as a reaction to her chronic pain and disability. All aspects of C's life were adversely affected by the significant functional deficit in the shoulder of her dominant right arm and associated constant pain. She required assistance with aspects of self care and could no longer pursue any of her pre-treatment hobbies and leisure activities.
Prognosis: C took a form of morphine twice daily as well as antibiotics and would require both indefinitely. No improvement in her functional limitations was expected.
Out of Court Settlement: £200,000 total damages
Background to damages: The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant's solicitors:
Breakdown of General Damages: Pain, suffering and loss of amenity: £60,000; Future costs comprising future treatment, medical, care, accommodation, DIY work and travel costs: £112,000.
Breakdown of Special Damages: Past costs comprising past treatment, medical, care, accommodation, DIY and travel costs: £28,000.
Henmans LLP (Oxford) for the claimant. Capsticks Solicitors LLP for the defendant.
LTLPI 12/1/2012
This Quantum Report was provided courtesy of Carolyn Lowe of Henmans LLP, solicitors for the claimant.
Document No. AM0201880
Reproduced by kind permission of Lawtel (www.lawtel.com).