Family man receives over £2.5 Million and periodical payments following delayed Herpes Simplex Encephalitis diagnosis.
Our client was on holiday in North Wales with his family when he sought medical attention after he began to feel unwell, with a severe headache and fever. He was admitted to the local hospital and various tests were carried out, including a lumbar puncture (a spinal tap, to remove a sample of cerebrospinal fluid (CSF)). He was discharged four days later, although family members remained very concerned about him. He was readmitted to the hospital near his family home and underwent further investigations to rule out a tumour.
Our client eventually needed intensive care as his neurological condition deteriorated further, and was then transferred to a tertiary centre. The doctors suspected that he had viral encephalitis and he was treated accordingly. Our client’s wife then learnt that the testing that was performed on the CSF sample when her husband was admitted to the first hospital in Wales was positive for Herpes Simplex Virus (HSV) Type 1.
Although our client was eventually discharged home 2 ½ months later, his recovery has not been straightforward. There have been investigations for possible seizures, he has been unable to work and has been diagnosed with severe depression, and experiences fatigue, cognitive sequelae and panic attacks. He cannot be left alone, fully participate in family life, or support his wife. The Claimant’s case was that, had the physicians acted on the positive HSV result, and instituted treatment four days earlier, he would have had a good recovery and been able to return to work and enjoy a normal family life, as well as all social activities.
Fortunately, the Defendants in this case admitted liability before proceedings were issued, allowing judgment to be entered and quantification to take place.
Quantification took place to assess the level of compensation that would be required for our client, for life. The heads of loss included care and case management, loss of earnings, accommodation, deputyship and therapies. There were disputes between the parties as to whether our client required care throughout the day, a live-in carer and ongoing occupational therapy. There were also arguments as to whether our client’s earnings would have reduced in any event, or increased, as was the Claimant’s view. A round table settlement meeting took place but the case did not settle, as unfortunately our client had had a mental health crisis shortly before the meeting which impacted on the valuation of the claim.
The case settled 2 months before trial and an approval hearing took place on what would have been the first day of trial.
Dr. Mala Sidebottom and Renu Aggarwal-Clare handled this case and Angus McCullough KC and Rajkiran Arhestey from One Crown Office Row were instructed.
I’m so pleased that our client has achieved a settlement that has already improved his life. He will soon be able to move into his new home which will give him the much needed quiet space that he needs, to allow him to relax and to undertake therapy. There is now space for a carer so that his wife and children are also free to enjoy social activities when he needs to rest. I am confident that this settlement will enable him to enjoy life again, such as being able to cook and play football.
Dr. Mala Sidebottom – Medical negligence partner
Thank you to all the team at Moore Barlow who have helped us through a difficult Medical Negligence case. Mala, Gillian and Renu guided me through each step of the process. They always made sure we were clear on the next steps. Thank you so much for all your help, guidance and support, all the emails and phone calls. We appreciate everything you have done for our family. You have helped us get through such a difficult time. We would highly recommend Moore Barlow.
Client’s Litigation Friend
