[2008] LTLPI 10.06.09

Claimants brought claims as secondary victims of Defendant Trust’s negligent treatment of their 10-year-old daughter’s (X) medical condition. She was admitted to Trust’s hospital with suspected pneumonia and uncontrolled diarrhoea and died approximately 60 hours later. Liability admitted for negligently failing to treat X but disputed in respect of the parents’ claims.

The Claimants’ medical expert diagnosed the mother as suffering from a depressive episode with prominent features of PTSD. The Defendant’s expert believed she suffered from a prolonged and pathological grief reaction in the form of a depressive episode associated with excessive alcohol consumption and PTSD. The experts agreed her injuries had a profound effect on her social, domestic and employment activities and her condition was not expected to improve significantly. It was agreed that the father had developed pathological grief reaction.

Out of court settlement: £225,000 (General Damages £35,485) said to include a 30% discount to represent litigation risks.