Severe Brain Injury Following Back Surgery

Head of Medical Negligence at Davies and Partners, Ewan Lockhart has successfully settled a claim for a now severely brain injured client.

SG went to hospital to receive treatment for his back pain he was to have an injection into one of the nerves in his back. During the procedure neither his heart rate nor his breathing were not monitored as they should have been and it was noted at the end of the procedure that his airway was obstructed, he was not breathing and had no pulse.

SG was then successfully resuscitated but suffered a hypoxic brain injury. This has left him with severe cognitive and communication difficulties, meaning he now needs full time care. SG had to be moved into a care home due to his new needs.

The defendant admitted liability stating that they were aware that their lack of monitoring had caused SG severe harm.

An assessment of damages hearing was arranged for the end of 2015. Prior to this a round table meeting was set up in a hope of settling the claim prior to this hearing. Sadly this was unsuccessful but both parties continued to negotiate and two days before the hearing start date a settlement was achieved.

The settlement was for SG to receive a lump sum of £1.2 million and then periodical payments (annual payment) of £163,500 for the next 6 years, it will then increase to £244,029 for life.

Due to this settlement SG has now been able to move out of the care home he was in and into a new house which is adapted for his needs and is settling in very well.

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