Our client, a young woman from Tonbridge, Kent, was diagnosed in 2010 with the BRCA1 gene and elected to have a bilateral mastectomy at Guy’s Hospital under the care of Breast Surgeon, Mr Doeuk. Breast implants were inserted in October 2010.
Our client was not shown any models or actual implants. There was no conversation regarding an expander option as an alternative to a one stage implant only reconstruction and she was unaware that she could have double mastectomy plus insertion of tissue expanders which could later be increased to match her pre-operative breast size.
Regrettably the implants became infected and failed and it was necessary for our client to have an own tissue reconstruction which involved multiple procedures and nipple tattooing. She now has visible scars.
Our client suffered psychiatric injury and waited nearly 3 years to make a claim as a result of her distress.
A Letter of Claim was sent to Guy’s and St Thomas’ NHS Foundation Trust in June 2014 which received a denial of liability. A Claim Form was then issued and served on the Defendant in April 2015 and the denial of liability was maintained in the defence.
Having fought the case at every stage the Defendant was eventually persuaded to enter settlement negotiations in February 2016 and by March 2016 the Defendant agreed to pay £22,500.
Steve Evans, who had conducted of the claim, commented:-
“This case settled within 3 weeks of the Defendant’s first offer. My client had a good claim and rightly persevered in the face of a denial of liability. Even though the Defendant maintained there was no claim, my client achieved a good early settlement without the need for a costly trial.”