The claimant received £20,000 on behalf of the estate of his mother. The claimant’s mother sustained permanent paralysis to her left vocal cord following a parathyroidectomy in February 2002.

Original Claimant (V): Female: 66 years old at date of injury; 68 years old at the date of her death. The claimant (J) was the administrator of the estate of V. V died of an unrelated medical problem in March 2004.

Clinical Negligence: In 2000, V, who had undergone thyroid surgery in 1965, had consulted her doctor after suffering from general tiredness. She was diagnosed with hyperparathyroidism and referred to the hospital of the defendant trust (D). V was advised that a parathyroidectomy was required and was warned that her voice might be lower as a result of the operation. In February 2002, V underwent the parathyroidectomy but there were complications during surgery and she required an emergency tracheostomy and sustained permanent paralysis to her left vocal cord. J brought an action on behalf of the estate of V against D alleging that it was negligent in failing to inform V of the risks and complications that could arise during parathyroid surgery. J contended that (i) D should have anticipated that the operation would be complicated by V’s previous thyroid surgery; (ii) V would not have agreed to the operation if she had been properly warned of the risks associated with the procedure.

Liability not admitted.

Injuries: V sustained permanent paralysis to her left vocal cord. She also suffered complications from the surgery including a transient ischaemic attack and contraction of MRSA.

Effects: V suffered from left-sided facial weakness caused by the transient ischaemic attack. She also suffered from a prolonged infection as a result of the tracheostomy. In addition, V had breathing difficulties and required assistance with household tasks and gardening.

Prognosis: V died of an unrelated medical condition prior to the settlement.

Out of Court Settlement: £20,000 total damages.

Background to damages: The case was settled on a global basis with no particular breakdown of damages. However, the claimant’s solicitors estimated the following breakdown:

Breakdown of General Damages: Pain, suffering and loss of amenity: £13,000.

Breakdown of Special Damages: £7,000.

Henmans LLP for the claimant. In-house solicitor for the defendant. LTLPI 7/11/2006 (Unreported elsewhere)

Document No. AM0201021. Reproduced by kind permission of Lawtel (www.lawtel.com)