Copyright Moore Barlow LLP (Moore Blatch and Barlow Robbins merged May 2020)

Train driver recovers significant compensation award for injuries caused by delayed diagnosis and treatment of Cauda Equina

Mr X a London based train driver aged 47 began to suffer from extreme shooting back pain and reduced sensation in his genital area in December 2013.

He consulted with his General Practitioner and sent for an urgent MRI scan with a referral made for him to see a Neurosurgeon at Y Hospital NHS Trust. Unfortunately for Mr X, he did not receive a hospital appointment until the beginning of February 2014, well over a month later. This was despite the fact that both Mr X and his wife chased Y Hospital NHS Trust many times for an appointment.
Mr X underwent an MRI scan at the beginning of February 2014 which showed he had a large central disc protrusion at the L5-S1 level. Despite this, Mr X was not contacted again by anybody at Y Hospital NHS Trust for another 11 days. He finally received a telephone call from an on-call Neurosurgery SpR and was asked some questions about his condition. He was told for the first time that he might have cauda equina syndrome (CES).

On 14 February 2014 Mr X was told to present to Y Hospital NHS Trust immediately for surgical admission. On 15 February 2014 he underwent a right L5/S1 miscrodiscectomy at Y Hospital NHS Trust. A large disc fragment was seen in the S1 nerve root.

Mr X suffered from permanent neuropathic leg and rectal pain, low back pain, sexual dysfunction, some bladder/bowel dysfunction, and a psychiatric injury.

Mr X contacted Moore Blatch LLP’s clinical negligence team where Mr Sarmad Gassoub investigated the case and gathered supportive expert and witness statements. Court proceedings were issued and a negotiated settlement was eventually agreed with Y Hospital NHS Trust, which resulted in Mr X recovering a substantial compensation award.

Mr X said: ‘Sarmad treated me with great sensitivity throughout the litigation process, remaining professional in his approach and steering me through the highs and lows of a very complicated case. His attention to detail and excellent explanations of tricky legal matters were second to none, resulting in a settlement which secured mine and my family’s financial future’.


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