Charlotte Measures, a Legal Director in the Medical Negligence team at Higgs LLP, has secured a full liability judgment in a claim against two separate hospital trusts.
*Toby was born with a rare genetic disorder, causing a low blood platelet count, increasing his susceptibility to serious infection. Initial investigations into the cause of a widespread rash when he was two months old led to Toby being referred to the paediatric team at his local hospital (‘hospital 1’).
Blood tests subsequently revealed his low platelet count, and he was referred to the haematology team at a children’s hospital (‘hospital 2’) for specialist input. His genetic condition was later diagnosed when he was six months old, and his parents were advised that he would need a bone marrow transplant before his first birthday.
In the meantime, Toby was to be given regular immunotherapy and was having regular blood tests at hospital 1, with the results being reported to the haematology team at hospital 2.
Two months later, due to very low haemoglobin and platelet counts, it was recommended that Toby have a blood transfusion. The transfusion took place at hospital 1, again with input from the specialist haematology team at hospital 2.
Tragically, for Toby, he became seriously unwell after the transfusion, and a CT scan revealed that he had suffered a subarachnoid haemorrhage (a type of stroke) and required emergency brain surgery to remove a blood clot and reduce swelling.
Although Toby has since gone on to have a successful bone marrow transplant, the haemorrhage has sadly left him with bilateral hemiplegic cerebral palsy, mainly affecting his right side, his speech and learning, and causing him a significant sight impairment.
Our support
We were instructed by Toby’s parents to investigate a medical negligence claim, focusing on the management of his genetic condition and the delay in carrying out the bone marrow transplant.
After securing supportive opinions from experts in haematology, immunology and radiology, court proceedings were issued on behalf of Toby.
Although the claim was initially defended, during the early stages of the proceedings, a retrospective DATIX report was produced by hospital 1, which admitted that errors in the administration of the blood transfusion had caused Toby’s brain damage. A DATIX report is an incident reporting system that is used in hospitals to report errors and adverse outcomes and is intended to aid education and improve safety.
Following this, a full liability judgment has been secured against the two defendant trusts, and a large interim payment of compensation has been secured to enable Toby’s family to purchase additional equipment for him and secure case management support and much-needed therapies.
Quantum investigations are now underway to establish Toby’s lifelong needs and the total value of his claim, which is likely to be worth several £million pounds given his complex needs.
Charlotte instructed Chris Bright KC of No 5 Chambers on behalf of Toby.
*anonymised
