Claimant (DOB: 13.01.52) had a long history of restricted mobility due to back pain. She was referred to Defendant Trust’s hospital and following a review of the Claimant’s condition and assessment of her options, she agreed to proceed with the insertion of dorsal column stimulators. Procedure performed 28.03.03. There were no apparent intra-operative complications.

Claimant was returned to the ward at approximately 1545 hours and observations commenced. Leg weakness was noted. Further evidence of leg weakness was recorded at 1700 hours and 2100 hours. Senior House Officer attended at around 2300 hours but concluded reduction of movement and sensation was attributable to pain. Observations continued through the night and examination at 0600 hours confirmed no movement in the Claimant’s limbs and no sensation up to T9.

On-call Neurosurgical SHO and Specialist Registrar attended and advised surgical intervention which commenced 0900 hours when a haematoma compressing the Claimant’s spinal cord was identified and evacuated. Despite rehabilitation Claimant continues to suffer incomplete paraplegia at T10 with a zone of partial sensory preservation at T11/L3 on both sides.

Claimant alleged had surgery been successful her pre-existing back condition would have improved significantly. Claimant now suffers permanent symptoms of paraplegia with neuropathic pain to her lower back and both legs rendering her wheelchair dependent. She has severe ongoing incontinence despite undergoing numerous surgical procedures.

Out of court settlement: £1,100,000 (inclusive of General Damages £175,000) retained lump sum with annual periodical payments of £125,000 for care and case management.

Kennedys represented the Defendant Trust.