Successful hypoxic brain injury claim results in 2.2 million pound compensation settlement
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This is a case study of a hypoxic brain injury claim in which we recovered £2.2m compensation for our client.
We were contacted by our client’s daughter, who wanted to know whether her mother was entitled to bring a claim for compensation for hypoxic brain injury that had occurred when she was starved of oxygen while suffering a cardiac arrest.
The daughter told us that her mother had been admitted to Weston General Hospital with a malignant rectal tumour and needed a laparoscopic bowel resection and formation of a stoma. The operation appeared to have gone well, but in the following days, our client had been vomiting, causing her to be given anti-emetic medication.
When she was moved to another ward, there was no reference made regarding her stoma and she continued to feel nauseous.
She underwent a CT scan which required a NG tube to be inserted into her throat. However this did not proceed smoothly and when the nurse attempted to insert the tube for the third time, our client began vomiting. This in turn lead to a cardiac arrest.
As a result of the cardiac arrest, our client was left with a permanent brain injury, which means she is unable to live independently now and has moved into a dementia care home, where she has 24-hour care.
Medical negligence partner Oliver Thorne took the case on and agreed to work on a no win – no fee basis.
Oliver obtained a Nursing Care Report detailing how the incident had affected our client’s overall needs. The defendant made partial admissions and put forward an offer of settlement, but due to the severity of our client’s life-changing injuries, we felt that the offer was not adequate, and was rejected.
Oliver calculated the general damages, past losses, and future losses, including the impact that the injury has had on our client’s way of life. After some more negotiations, he managed to settle the case for our client, winning her a capitalised sum of £2.2m.
Our client’s daughter was very happy with this amount, as it will help to pay for her mother’s care in the future.