Seven figure settlement for brain injury
Contact
Stephanie Prior
Table of Contents
Introduction to the case
Our client, F sustained a brain injury leaving her with severely impaired mobility and wheelchair dependent.
In November 2013, F, 76, tripped and fell on some stairs when she was on her way out of a hospital following a routine out-patients appointment. She suffered a significant brain injury.
Initial Medical Response
A CT scan taken after her fall at the hospital showed a subdural haematoma with some mass effect and midline shift. She was treated conservatively for 2 days until her condition deteriorated and she was transferred to a specialist neurological unit. She continued to be treated conservatively until she deteriorated further and after 7 days following her original fall she underwent a decompressive craniotomy and evacuation of the haematoma and frontal contusions. When the skull vault was opened the brain was noted to be pulseless.
Rehabilitation and Nursing Home Care
Following the operation, F remained in hospital until she was transferred to a rehabilitation unit until October 2015. She was then transferred to a nursing home.
The care at the nursing home was poor and F was very unhappy there. She was moved to an alternative nursing home and it was a great improvement on the previous care home but nevertheless does not fully cater for her needs.
The claim
A medical negligence claim was pursued on F’s behalf by her daughter as litigation friend, as a consequence of the delay in F undergoing surgical intervention following her fall. The Defendant NHS Trust admitted that F should have been operated on within 2 days of her fall. We argued within 1 day of her fall.
F’s case was that if she had been operated on sooner she would have made a good recovery and would have achieved independence and would have been able to return home.
The Defendant’s case was that the primary brain injury, caused by the fall, namely the intra cerebral contusions and a subdural haematoma causing brain swelling on the right, would have caused significant brain damage in any event; but that earlier decompression would have avoided “some of the left sided weakness”; she would not have been able to return to the normal activities of daily living or independence given the severity of the initial head injury and her age.
Proceedings issued
Proceedings were issued and served on F’s behalf and then a stay of proceedings was agreed between the parties to allow them time to gather evidence and try to settle the claim. Expert evidence was obtained from a Consultant Neurosurgeon, care expert, case manager, neuro-rehabilitation expert, physiotherapist, neuropsychologist, accommodation expert, technology expert, and neuropsychiatrist. A professional deputy was also appointed to manage F’s financial affairs and a forensic accountant was instructed to advise on settlement proposals.
Impact on Personal Life
An important factor in the pragmatic conclusion of this case is the fact that F is married to J and they have been married since 1962; they have been unable to live with each other since her accident in 2013, save for occasional weekend visits to the family home. This has been highly distressing for both of them and the rest of the family.
Following settlement of F’s case, her family are keen to move her back home so she can live with her husband. Adaptations will be required to their home and 24 hour nursing care package will be put in place before F is moved back home, after over 5 years of living apart from her husband.
Final Settlement
The final settlement Order was very complex and ran to 23 pages including a retention agreement and PPO provision for the remainder of F’s life. Her predicted life expectancy at time of settlement was 6 years according the expert evidence. The settlement for the brain injury claim was a seven figure sum.
How we can help
If you or a loved one has suffered due to medical negligence, you don’t have to face it alone. Our experienced team of legal professionals is here to help you navigate the complexities of claiming NHS compensation. Contact us today for a free consultation and let us provide the support and guidance you need during this challenging time.
To speak with one of our solicitors:
- Fill in our online enquiry form; or
- Call us on 020 7485 8811
Share this article
Contact us today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Related InsightsVIEW ALL
10.8.2023Ambulance Delays Affecting Rapid Patient Treatment
Failure to Meet Ambulance Response Targets In 2017, the Secretary of State for Health accepted the new ambulance performance standards recommended...
Read more- 9.6.2023
Early Notification Scheme – is it helping or failing...
What is the Early Notification Scheme? The NHS Early Notification Scheme (“ENS”) has reached its sixth anniversary. Established in April 2017,...
Read more - 5.6.2023
Are pharmacy closures putting patients at risk?
It has been reported in the press that chemist closures will have an impact on patients living in deprived or...
Read more - 11.4.2023
Osbornes Instructed After Local Authority Data Breach
Osbornes Law has recently negotiated a settlement on behalf of two clients who had their personal information inadvertently released to...
Read more - 23.3.2023
Private Pregnancy Scans and Substandard Care
In the news, it has been reported that private clinics that offer pregnancy scans to women are not meeting the...
Read more 
7.3.20235-figure settlement for infusion leak to mother
Elline Demetriou has reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim...
Read more
14.2.2023The risk of extravasation injuries during iron infusion...
Many patients with low iron, particularly during pregnancy or postnatally, may be advised they need an iron infusion such as...
Read more- 9.2.2023
Perineal Tear case settles for 6-figure sum
Stephanie Prior recently settled a claim relating to a woman who delivered her baby after a traumatic labour. Her son...
Read more 
23.1.2023Settlement agreed in dental negligence claim
Recent Settlement in a Complex Dental Negligence Case The Medical Negligence team have recently negotiated the settlement of a complex...
Read more
13.1.2023Delayed diagnosis of appendiceal cancer
The medical negligence team at Osbornes Law has recently settled a case involving a patient who passed away following a...
Read more- 14.12.2022
Successful settlement for negligent care during kidney transplant...
Claimant v Royal Free London NHS Trust Osbornes have reached a settlement agreement on behalf of a Claimant who brought...
Read more - 10.11.2022
Successful claim against dental practice after negligent treatment
Osbornes Law have reached another successful outcome for a client, who pursued a claim against dental practitioners due to medical...
Read more - 9.11.2022
Delayed transfer to Accident & Emergency causing harm
The Healthcare Safety Investigation Branch (HSIB) has identified that patients may come at risk of harm whilst waiting in ambulances...
Read more - 9.11.2022
Breast cancer screening mammograms and negligence
Breast cancer screening has improved significantly in the UK due to research bettering the understanding of this terrible disease, which...
Read more - 28.9.2022
Women more likely to have symptoms ignored by...
An increasing number of women in the UK feel brushed off by GPs when presenting with real symptoms, with many...
Read more 
21.9.2022Are maternity services safe? – Part 2
In April last year I wrote a piece about government setting up a taskforce to look into why there are...
Read more
8.9.2022Poor interpretation of CTG can result in stillbirth...
Poor interpretation of a Cardiotocograph, more commonly known as a CTG, is a leading cause of stillbirth and brain injuries...
Read more- 9.8.2022
New interactive rating tool reveals NHS wait times...
Amidst record-breaking heatwaves and a lengthy patient waiting list due to COVID backlogs, it is not surprising that this summer...
Read more - 1.8.2022
Bereavement Following Treatment at Basildon Maternity Unit
Case Overview Stephanie Prior’s death by medical negligence claim relating to the death of Gabriela Pintilie has been settled...
Read more - 14.7.2022
Insulin overdose in hospitals due to limited staff...
A century ago, insulin was first used to treat a 14-year-old boy dying of type 1 diabetes. A hundred years later,...
Read more - 6.7.2022
GP Negligence claim leading to fatality successfully settled
Osbornes acted for a Claimant who brought proceedings on behalf of the estate of her late son, X, relating to...
Read more - 6.7.2022
NHS aims to reduce waiting times with Elective...
The NHS recently recorded their waiting list to be at 6.5 million, a record high. Much of this backlog is due...
Read more - 29.6.2022
Nottingham Maternity: Donna Ockenden to Chair Independent Inquiry
An interim report on the state of maternity services at Nottingham University Hospitals NHS Trust has just been released. However,...
Read more - 23.5.2022
Successful Claim Against King’s College Hospitals
The birth injury lawyers at Osbornes Law have recently negotiated the settlement of a case in which our client sustained...
Read more
