Brain injured teenager wins multi-million pound compensation for GP's error
02 Jun 2009
An 18-year-old teenager from Cheshire has been awarded £5.75 million this week, concluding an ongoing legal battle against a Stockport GP who failed to refer him to hospital 16 years ago. The boy was left brain damaged as a result.
The settlement figure was agreed on Monday 18th May 2009 at Chester High Court following a week long trial between solicitors acting on behalf of the teenager’s family, Irwin Mitchell and the Medical Defence Union, representing the doctor from Stockport.
Commenting on behalf of the family from Stockport, clinical negligence solicitor Francesca Dowse said: "My clients have been waiting a long time for this day – the past years have been very cruel and traumatic for them. The on-going legal case coupled with round-the-clock care for their severely disabled teenager has been exhausting."
"The case has been open for many years as the defendants (MDU) had failed to make a satisfactory offer that would have enabled my client to receive the full time care he needs for the rest of his life."
On 21st June 1993 the boy, two-and-a-half years of age, sustained an injury to his head. He was admitted to Royal Manchester Children’s Hospital, Pendlebury where he received treatment. The hospital adopted a wait and see approach and he was discharged two days later. His parents were told to monitor him closely and were advised to contact their GP if the toddler developed a runny nose which would indicate a leakage of cerebral spinal fluid (CSF) from his brain.
Two months later the young boy was seen at home by his GP because he had a runny nose. His father expressed concern to the doctor that the fluid escaping from his son’s nose might be CSF which would indicate a risk of infection. The doctor diagnosed the boy with an upper respiratory infection and did not refer him back to hospital.
He was seen by a Consultant Neurosurgeon in October due to concerns over the leakage. The consultant made arrangements for his urgent admission to hospital for surgery. However, in the interim period the toddler developed meningitis. He was treated with antibiotics and then underwent surgery in November.
As a result, he is now deaf in his left ear, suffers with severe epilepsy and has behavioural abnormalities associated with an acquired brain injury.
The family’s solicitor Francesca added: "We are all pleased with this week’s result, although no amount of compensation will ever make up for the family's loss and the teenager's avoidable lifelong disabilities. Negligence such as this not only affects the injured party but has huge ramifications for the family also."
She concluded: "The family is pleased the legal battle is now over and they can move on. The award will be put in a Trust Fund for the teenager’s future care and will be managed by the Court of Protection."
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