28th March 2022 – Our client, a 21-year-old woman from Ashford, had previously brought a claim (via her mother as litigation friend) arising out of a failure to diagnose congenital hip dysplasia shortly after her birth. The diagnosis was eventually made at 17 months of age, but the delay in diagnosis meant that our client required surgical treatment instead of conservative management to correct the hip dysplasia, with a potentially worse long term outcome.
That claim was settled (as approved by the Court) for £10,800 in 2005.
Importantly, and because the extent of any future injury could not be accurately assessed at that point, the settlement was reached on a Provisional Damages basis which allowed our client to seek further compensation in the event that she was found to be suffering with a growth abnormality and/or avascular necrosis, attributable to the negligence, before her 21 st birthday.
Our client did not have any further problems with her hip until Spring 2020 when she took up running. She went to her GP, was referred to her local orthopaedic service and eventually came under the care of the Royal National Orthopaedic Hospital. As a result of various scans, our client was found to have avascular necrosis affecting her hip and some deformity.
Our client contacted our firm to enquire about re-opening her Provisional Damages claim. As this was close to the Court deadline, we firstly had to extend the time for re-opening the claim to enable us to investigate fully, which was agreed to by the Defendant.
We obtained supportive expert evidence from an orthopaedic surgeon, confirming that our client had suffered avascular necrosis and was suffering with a growth abnormality, which were specifically the result of the original delay in diagnosing and treating the congenital hip dysplasia. The expert identified that our client would now require 3 total hip replacements in her lifetime (whereas, absent the negligence, she could have expected to have only needed 1 total hip replacement).
Having set out the basis of the claim to the Defendant, an offer to settle was submitted in the sum of £125,000.
We were required to apply to the Court to re-open the provisional damages claim, before the extended deadline expired, and the Court then set a date for an initial hearing. However, the Defendant responded promptly with an offer of £100,000, and after negotiations the claim settled for £115,000.
Our client said “Thank you so much for all of your help. The support and services you have provided has enabled me to feel as if a weight has been lifted off my shoulders and that I will be secure for the rest of my life. I was kept informed throughout the whole process and could not be more grateful.”
Alex Tengroth, Senior Solicitor at Fairweathers LLP, said “It is very rare to see a previously settled provisional damages claim re-opened, but this case shows just how important it can be to assess cases fully and settle some cases on a provisional damages basis. The damage caused to the hip only became apparent many years later and my client now has an appropriate level of compensation which reflects that damage and her future treatment needs. I wish her well for the future.”
If you or your family need the assistance of an experienced team of Clinical Negligence Solicitors surrounding an inquest or civil claim then please do not hesitate to phone us free on 0800 999 5585, request a call back or submit your case details.