Six Figure Settlement Received Within One Year.

We were instructed by AW in late December 2020, having lost his wife suddenly that February. Liability was admitted in September 2021 and full and final settlement agreed in early January 2022.

This is a true example of working collaboratively with the NHS Resolution to reach timely settlement and should be replicated where possible.

Background

SW, aged 74, attended A&E at Walsall Manor Hospital having suffered a fall at home. She was diagnosed with a small subdural haematoma and for conservative treatment. Discharge was being planned when unfortunately blood-thinning medication was prescribed despite being contraindicated. This led to an exacerbation of her bleed and a clinical deterioration.

Further, multiple failures in the nursing care led to SW contracting MRSA via her cannula site. There was a delay in diagnosis and treatment leading to sepsis, liver failure and ultimately SW’s death, after 47 days in hospital.

The Claim

At the point of instruction there had already been extensive communication between the Trust and the family, two investigations into the care provided and an Inquest. The Trust’s investigations identified significant failures in the deceased’s care and the inquest concluded that there were missed opportunities which exacerbated SW’s condition and contributed to her death.

An early Letter of Notification was sent by Laura Weir, associate solicitor in February 2021 which catalogued the failures identified by the Trust. Full admissions was received in September 2021, with an apology letter from the Interim Chief Executive of the Trust.

Quantum investigations were then undertaken and a without prejudice Schedule of Loss served by the claimant to aid negotiations.

Both sides were receptive to negotiations and sensible offers were exchanged before settlement was achieved.

Reflection

The family have made the following statement reflecting on the case:

“From our very first contact with Lanyon Bowdler we were impressed with their professionalism. Our case was assigned to Laura Weir who kept in regular contact with us as the case progressed. She was extremely efficient and answered any queries we had immediately. We would like to thank Laura and her team for their help and for showing understanding and empathy during what has been a very upsetting time for us.”

Laura Weir, associate solicitor representing the family stated:

“Whilst the pain of losing SW in this way remains, AW and his family are pleased that the claim was handled sensitively by the NHSR and hope that this settlement provides them with some closure. It has been a pleasure acting for AW and his family.”