£3.2 million compensation for brain damage victim following critical diagnosis delays
01 Dec 2009
More than £3 million compensation has been awarded to a 20 year old man following serious delays in diagnosing his meningitis.
Mark Thomas, from Blakenall, Walsall, in the West Midlands, developed meningitis when he was just 12 years old, but doctors failed to act upon clear signs of the fatal illness, with the diagnosis delay lasting more than four days.
Walsall NHS Hospitals Trust have admitted liability for the errors.
The High Court in Birmingham is due to approve the settlement on Wednesday 25th November. In addition, the family’s solicitor, Tim Deeming from national law firm Irwin Mitchell, is calling for proof that the hospital has learnt from its mistakes to ensure that the agony suffered by Mark’s family will not be repeated.
As a result of his brain damage, Mark’s short term memory has been severely affected and he is no longer able to work or live independently. The compensation settlement will be placed in a trust fund to provide for his long term care needs.
His mother, Elaine, commented: “The past eight years have been such a roller coaster of emotions for us. We know just how close we came to losing Mark to this terrible illness and we are fortunate he is still with us. However, if the doctors had done their job properly and acted more quickly, Mark would now be living a completely normal life. It is so upsetting to think that all the plans and ambitions he had as a young lad will now never be realised.
“Although we have received an apology, we want reassurances from the hospital that lessons have been learned and procedures have been improved so that other children with symptoms of meningitis will not be allowed to slip through the net like Mark.
In the six weeks prior to contracting meningitis back in February 2002, Mark had suffered a series of ear infections which refused to clear up. He was seen regularly by his GP but, by 9th February 2002 his condition had deteriorated to such a point that his parents took him to Manor Hospital where a blood test was taken. The results of this test showed that his ear infection had spread, causing meningeal infection of the brain. Mark was also displaying symptoms of a stiff neck, an aversion to bright lights and extreme lethargy. These symptoms, together with the blood test results, if they had been reviewed, should have rung alarm bells with doctors.
However, rather than admitting Mark into hospital, he was instead sent home and the blood test was not acted upon for five days. His condition deteriorated still further and his desperate parents took him back to A&E on 14th February only to be told by a nurse that his condition was not sufficiently serious and they were “using emergency A&E services inappropriately.”
The defining blood test results were only reviewed, and meningitis finally diagnosed, when Mark's parents demanded a second opinion.
Tim Deeming, a solicitor with the Birmingham office of national law firm, Irwin Mitchell, who represented the family, said: “The symptoms of meningitis are every parent’s worse nightmare. However, for four days Elaine and David were simply made to feel like over-anxious parents who were bothering A&E staff unnecessarily.
“Independent medical experts have told us that had the results of the blood test been reviewed and acted upon promptly, Mark would have been given appropriate antibiotic treatment and he would not have suffered brain damage.
“Today’s settlement will provide for the substantial life-long care needs Mark requires and gives reassurance for his parents that he will be properly cared for in later life. However, it cannot turn back the clock and we can only hope that the Trust has learned lessons from the mistakes they made in Mark’s care so that no other family will go through the same heartache.”
David Thomas said: “We are relieved that this settlement will allow Mark to be cared for in the way he needs, for the rest of his life.
“He is our only child and we really couldn’t ask for a more wonderful son. Like most young men his age he loves soccer. He is a season ticket holder with Walsall FC and he loves nothing better than going along with me to see them play on a Saturday afternoon. However, his short term memory is so severe that within minutes of the game ending, he cannot even remember the final score.
“There are so many things that he cannot do which other lads his age take for granted. We cannot even leave him alone in the house because he would be too much of a danger to himself. However, we hope that some of the money will help provide for care support which will allow him to have a degree of independence so that he can finally start to live life a little more fully.”
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