£250,000 recovered for brachial plexus injury

Our client, a 51 year old man from Sandwich, Kent, underwent a first rib resection for a suspected thoracic outlet syndrome under the care of Mr Rix and Mr Insall at the Kent & Canterbury Hospital on 25.11.14.

The diagnosis was questionable as our client had previously had numerous investigations with a number of London specialists in the months beforehand which had failed to identify any credible evidence of that condition.

Nevertheless, the operation proceeded, and unfortunately during the surgery injury was caused to the brachial plexus. More specifically, the middle trunk of the brachial plexus was crushed and the lower trunk was severed.

Post-operatively, our client suffered a profound loss of function in his left arm, rendering it both painful and essentially useless. He also suffered a psychological injury as a result of what happened.

Although our client was not working at the time of the surgery, he has been severely handicapped on the labour market as a consequence of the significant injury he sustained.

Expert evidence was obtained which confirmed that the surgery had been negligently performed and resulted in substantial and avoidable injury.

The East Kent Hospitals University NHS Foundation Trust admitted liability and settlement was quickly reached in the sum of £250,000.

Alex Tengroth, who had conduct of this case, said “this was a clear case of negligent surgery, and it has had a huge impact upon the life of not only my client but also his entire family. At least the NHS did not try to defend the treatment they provided, and moved swiftly to settle the claim on reasonable terms.”

Our client commented “I’m glad I picked a specialist medical negligence solicitor. Alex was very supportive throughout the whole process, and was meticulous in achieving a favourable settlement.