Total Damages: £65,000
Trial/settlement date: 6/1/2011
Age at trial: 56
PSLA: £45,750
Type of Award: Out of Court Settlement
Court: Out of Court Settlement
Age at injury: 54
Sex: Female
The claimant, a 56-year-old woman, received £65,000, after her sigmoid colon was sutured into her vaginal wall during a hysterectomy in May 2009. She underwent further procedures, developed faecal peritonitis and would always suffer from abdominal and rectal pain.
Claimant: Female: 54 years old at date of accident; 56 years old at date of settlement.
Clinical Negligence: On May 7, 2009, the claimant (C) attended a hospital of the defendant trust (D) where she underwent a total abdominal hysterectomy. She was discharged from hospital six days later. On May 13 C started to experience severe pain in her lower abdomen. The following day she was admitted back to the hospital and, following examinations, she was diagnosed on May 22 as suffering from bowel-related problems. The following day she underwent a CT scan, which showed that she had extensive peritoneal fluid, ischaemic jejunal loops, and either a stercoral perforation of the sigmoid or a colonic perforation. It was identified that C needed to undergo an emergency laparotomy and a Hartmann's resection. That was subsequently reversed in November 2009.
C sustained injury and brought an action against D alleging that it was negligent in (i) suturing the sigmoid colon into the vaginal wall during the hysterectomy; (ii) failing to recognise that the colon had been damaged or providing assistance by dissecting the two organs, closing the vaginal vault and performing a resection or repairing the damaged colon.
Liability admitted.
Injuries: C's sigmoid colon was damaged.
Effects: C developed faecal peritonitis. She underwent an emergency laparotomy and a Hartmann's resection and suffered infections and had to undergo further medical procedures. She suffered from constant abdominal pain, which was aggravated by walking and lifting. After bowel movements she also suffered rectal pain. As a result of both symptoms she took analgesia. C suffered from increased scarring and from a recurrent depressive disorder which was moderate to severe in state. Following the operation in May 2009, C required high levels of assistance for the first three months. That was reduced from August 2009, however C required some assistance on an ongoing basis which was expected to continue. C was also unable to carry out work which was physically demanding and was not able to exercise in the same way as she had done previously.
Prognosis: C was expected to continue to suffer abdominal and rectal pains for the remainder of her life. There was also a small risk that she would suffer severe complications as a result of intra-abdominal adhesions and that she would suffer a midline incisional hernia. She had a 15 per cent chance of being admitted to hospital with adhesion-related symptoms in the first five years after surgery and a chance of between five and seven per cent thereafter. In terms of C's psychological injuries, with the recommended course of treatment, they were expected to improve within 6 to 12 months from the date of settlement.
Out of Court Settlement: £65,000 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: £45,750.
Henmans LLP (Oxford) for the claimant. NHS Litigation Authority for the defendant.
LTLPI 20/6/2011
This Quantum Report was provided courtesy of Carolyn Lowe of Henmans LLP, solicitors for the claimant. Document No. AM0201749
Reproduced by kind permission of Lawtel (www.lawtel.com)