We have been acting for the parents of a young woman aged 22 (lacking capacity so she is a protected party) in connection with a clinical negligence claim against the Mid Staffs Hospital arising from treatment she received when she was a child between 2003 and 2004.
Briefly, our client was born prematurely in 1997. She had a number of underlying medical problems and learning difficulties including mild cerebral palsy.
As a young girl she was small in stature and between 2003 and 2004, she was treated at the hospital and there was a delay on their part in commencing treatment with the human growth hormone from 2003 onwards. This error was rectified in 2008.
In support of this allegation it was our case:-
- In light of her growth deficiencies, she was a suitable candidate for this treatment.
- At the material time, it was available for use in children with a short stature.
- The hospital should have known that delaying the treatment would likely lead to a permanent loss of height.
On causation, it was also our case that if the hospital had provided this treatment to our client at this tender age, she would have had an increased height of almost 7cm.
The hospital’s failure to treat her with the human grown hormone resulted in a loss of height, psychiatric illness and increased her care needs. She was now very self-conscious about her height.
A formal letter of claim was sent to the Hospital Trust and in their letter of response, they admitted liability and made an early offer of £10,000.00 to settle our client’s claim which we advised her parents to reject.
Eventually, in an effort to resolve this case, a Mediation appointment took place during November 2020 which was unsuccessful in that the Hospital Trust’s best offer on the day was only £60,000.00.
We then prepared to issue proceedings in this case and a number of further offers and counter-offers were exchanged and the parties eventually agreed on a settlement figure of £95,000.00 which was later approved by the Court (as our client was a protected party).
S J Edney solicitors obtained compensation of £95,000.00 for this client during 2021