Settlement Following Delay in Treatment for Marfan Syndrome

A fatal claim by the widower on behalf of himself and three dependent children following the death of his wife of multi-organ failure from sepsis after undergoing emergency aortic root surgery, which would have been avoided if the hospital had acted upon guidelines when she presented 11 weeks earlier. Quasi admissions were made with regards to breach of duty during an Inquest and also in a Root Cause Analysis report prepared by the hospital but the defendant failed to make admissions in correspondence so supportive expert evidence was obtained from a consultant obstetrician and a cardiothoracic surgeon.

We followed the protocol and the defendant made some admissions in relation to liability. The case was protectively issued and liability issues were finally agreed at the Costs and Case Management Conference (CCMC). We obtained a draft life expectancy report and a care needs report from a cardiologist experienced in treating patients with Marfan Syndrome and a Loss of Services report from a Care Expert.  The deceased and her sons have Marfan Syndrome and we were therefore claiming for a larger services claim because of the extra care needs the boys would have received from their mother in respect of their condition. The defendant failed to serve any evidence with regard to Causation or Condition & Prognosis and only served a Loss of Services report. The defendant submitted a Part 36 offer on the 9 August 2018 which was followed with a Calderbank offer.  Negotiations continued with the defendant and the case was settled soon after.