B v Nottingham University Hospitals NHS Trust
Having refused the NHSR’s final offer of £1.25m at an RTSM in November, Chris Bright QC and Teresa Hargreaves, instructed by Martin Bradbury of The Smith Partnership, Derby, have now secured a lump sum settlement of £1.5m for a Claimant left wheelchair dependent by a failure to re-operate following spinal decompression surgery, with no Peters undertaking as to existing statutory funding.
The Claimant underwent spinal decompression surgery on 31st August 2011 following which an extradural collection properly demonstrable on MRI caused a clinical deterioration, mandating immediate surgery. Sadly however, the Claimant was conservatively managed and suffered neurological deficits such that he is now wheelchair dependent and requires care and continuing therapeutic input.
The case was of particular complexity due to, firstly, a significant multi-expert dispute as to the extent of his ‘but for’ recovery and, secondly, given his pre-existing psychological vulnerabilities, the implications of the Claimant’s continuing psychological presentation and treatment for his overall physical recovery.
Chris Bright commented: “D is a delightful client who was brave enough to trust his legal team in our joint advice that the NHSR’s final offer at the RTSM simply did not reflect the balance of the expert evidence and the Defendant’s litigation risk. He therefore should take credit for the increased settlement, which, particularly in view of the lack of a Peters undertaking, will be transformative in relation to his quality-of-life.”