Six figure compensation relating to delay in treatment of a skull-based osteomyelitis

This claim involved a delay in treatment of a skull-based osteomyelitis by Defendant Hospital Trust, leading to infection of the brain resulting in brain damage, a spinal cord infarct and paraplegia (T4 AISA). Our client suffered from right sided deafness, a right sided facial palsy, double incontinence and a loss of sexual function. He also suffered from an anxiety and depressive disorder as a result of his physical injuries.

How we helped our client

Extensive investigation and specialist niche expert input was required given the complexity and severity of our client’s injuries. Whilst the Defendant admitted they breached their duty of care in failing to arrange the investigation of our client’s condition by way of biopsy and referral by the Skull Base multi-disciplinary team (MDT) meeting in a timely manner, they denied that this caused his injuries.

They considered that his injuries were caused by an unrelated virulent secondary infection (Streptococcus Pyogenes) and that he probably suffered from a chronic inflammatory disorder (possibly Churgg’s Strauss syndrome, Wegener’s Granulomatosis or IgG4-RD) rather than a skull-based infection (Staphylococcus Aureus).

Whilst we agreed that this secondary infection did ultimately cause our client’s injuries, we maintained that earlier treatment of the skull based (Staphylococcus Aureus) infection by way of IV antibiotics would have prevented the secondary acute Streptococcus Pyogenes infection taking hold and therefore he would have not sustained his extensive injuries. Eight experts were required to help determine liability alone.

The decision

During the course of the proceedings, our client unfortunately passed away. This was due to a number of factors but was ultimately linked to the development of infected severe pressure sores due to our client’s paralysis and immobility.

The Coroner called an inquest and, as a result of our legal representation, listed our client’s spinal cord infarction as a cause of his death. We were able to therefore argue that the Defendant’s negligence had also very sadly caused his death and achieved a six figure settlement on behalf of our client.

Victoria, and the team were amazing. Our case was particularly difficult and needed a lot of effort and attention to detail and at no time during the process did the time, effort and care for the case waiver. My family and I are forever grateful to everybody and Victoria will forever hold a place in our hearts for all her help and support. Thank you.

Client’s family member

Why choose us as your medical negligence solicitors?

Our team of specialist medical negligence lawyers has been hand-picked for their specific skills and technical competence in the area of medical negligence claims. Reaching a successful outcome demands not only expert medical negligence law knowledge but also an understanding of how the NHS and medical defence organisations arrive at settlement decisions.

Victoria Jones is a partner in our medical negligence department and has a wide range of experience covering areas such as misdiagnosis/failure to diagnose and surgical errors. She has a particular expertise in neurological and spinal injuries, settling claims worth several millions of pounds.