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Deals

The Claimant was 19 days old when she was taken to the GP with a history of being lethargic and unwell for 48 hours. She had started to twitch causing her parents to be concerned. The GP arranged for her to be transferred to Hull Hospitals A and E department by ambulance and called ahead to advise that she needed to be met by a Paediatrician. The initial assessment was over 2 hours later and by a Junior Paediatrician who failed to refer her for appropriate investigations. After 8 hours she was seen by the Consultant who requested an EEG the next day after which (more than 24 hours later) a differential diagnosis of Encephalitis and Meningitis was given, and she was prescribed the appropriate antibiotics. Unfortunately, by then the Encephalitis infection had started to cross to her brain and she suffered significant brain damage, The Claimant has been diagnosed with Quadriplegic Cerebral Palsy. She relies on others for all day-to-day activity and care. She has limited communication using a communication aid and is fed through a Gastrostomy Peg. She will require 24-hour care for life.  Due to her age, we are unable finally quantify her claim, but we have secured interim payments to fund equipment, therapy and support. An application has been made to the Court of Protection for a Professional Deputy to be appointed because she lacks capacity to manage her own financial affairs. When appointed the Deputy will work with a financial adviser about professional investment.

This is a complex, high value birth injury case arising from negligent management of NX’s delivery which caused trauma to his head and caused him to suffer a significant brain injury. He is severely autistic and has incredibly complex needs, requiring a future care package of 2:1 carers, 24 hours a day for the rest of his life. He requires significant therapy input from a specialised team including OT, SALT, physio, neuropsychology, as well as assistive technology, new specially adapted accommodation and specialist equipment. We investigated liability with a team of experts (neuroradiology, neurology, obstetrics, neonatology) and input from senior counsel, served a letter of claim and secured a full admission. Judgment was entered and significant interim payments on account of damages were secured and used to employ a case manager, multi-disciplinary team of therapists, purchase and adapt a property of the client, and employ a team of support workers. We subsequently investigated quantum with a team of 10 experts which has allowed us to quantify the claim and prepare for JSM in March 2023 and trial in May 2023. IM’s COP team are appointed professional deputy and IM Asset Management are instructed to advise on the structure of the proposed settlement and investment of damages.

This is a complex birth injury case involving a delay in delivering LX which caused a hypoxic ischaemic brain injury manifested as severe quadriplegic cerebral palsy.  We investigated liability with a team of experts (midwifery, neuroradiology, neurology, obstetrics, neonatology) and input from senior counsel, served a letter of claim and secured a full admission. Judgment was entered and significant interim payments on account of damages were secured and used to employ a case manager and a multi-disciplinary team of therapists. We are in the process of investigating quantum. IM’s COP team are appointed professional deputy.

We were instructed by Cyril Short to investigate a claim for delayed diagnosis of an upper GI cancer from March 2014. Mr Short was just 59 years old at the time of the alleged negligence. Allegations were made against County Durham and Darlington NHS Foundation Trust for their failure to properly investigate Mr Short’s weight loss, abdominal pain and anaemia. We alleged that had appropriate investigations been undertaken, Mr Short’s cancer would have been diagnosed some 29-34 months earlier; the tumour would have measured 1-2cm rather than 5cm and surgical resection would have led to a full cure. Mr Short sadly passed away in December 2019, age 64.

 

Irwin Mitchell accepted instructions from Mr Short to investigate the claim in 2017 and dealt with the claim sensitively due to his terminal diagnosis of cancer. After Mr Short passed away, we took instructions from his widow, but she then sadly also passed away from cancer just one year later. The couple’s only son continued the claim, which was understandably stressful for him given the loss of both parents and also because the Defendant denied liability. Irwin Mitchell issued proceedings at Court, and the Defendant made a good Part 36 offer before serving their Defence. We negotiated with the Defendant and reached an excellent settlement.

This is a complex case involving a bilateral below knee amputation following a failure to adequately diagnose and treat AM for sepsis. AM was just 45 years old at the time of the negligence.

Allegations were made against two Defendants, the first being AM’s GP in respect of a failure to appropriately arrange for AM to be transferred to hospital by blue light ambulance and a failure to provide the hospital with an adequate account of AM’s clinical condition, following her presentation with sepsis. The second Defendant was Bradford Teaching Hospitals NHS Foundation Trust and a number of allegations were made against the Trust including a failure to invoke the local sepsis pathway and provide the correct treatment within a timely manner. It was alleged that AM would have avoided her bilateral below knee amputation had the appropriate care been provided.

Liability was denied by both Defendants and so Court proceedings were issued on AM’s behalf. The matter proceeded on a split Trial basis following a successful application by the Defendants. In April 2021 a settlement was reached with the GP Defendant for the sum of £10,000.00 and the claim continued against the Trust; the settlement against the GP Defendant having strengthened AM’s position. Despite liability being denied, a settlement against the Trust was reached in December 2021 in the sum of £1,125,000.00, 3 months before the Trial.

Throughout her claim AM received support from Irwin Mitchell’s Rehabilitation Coordinators and the damages recovered have been able to help AM to purchase an accessible property and fund private prosthetics, amongst other things, which has been life changing for AM.

Organigram

Team Services

We remain the largest dedicated market leading medical negligence team in the region with a significant number of highly experienced medical negligence lawyers working across two offices. We have 79 case handlers, including 42 qualified lawyers, solely practicing medical negligence.

The Yorkshire teams have recovered in excess of £100 million in damages for clients during 2022 handling complex and challenging cases which is evidence of the excellent outcomes we have achieved for our clients.

Our Yorkshire teams are led by 2 Partners, Sarah Coles, Regional Head for our Leeds team and Julianne Moore, Regional Head of our Sheffield team, who are both recognised leaders in the medical negligence field. Both Julianne and Sarah sit on the Irwin Mitchell National Medical Negligence Executive Board. Each Regional Head is supported by additional partners including: Tom Mather; Sarah Rowland; Anna Stacey, Tania Harrison; and Tim Annett in Sheffield, and Rachelle Mahapatra, Rachel Roach and newly promoted Partner, Samuel Hill, in Leeds (The latter also supports the Newcastle team); all are highly regarded leaders in their field. Julianne and Rachelle are recognised as leading individuals.

We deal with all types of negligence cases, specialising in complex high-value claims: birth injury including cerebral palsy; spinal injury; adult acquired brain injury; and amputation cases. We also have specialist inquest groups providing assistance to families where there has been a death due to medical care.

We’re currently handling over 2000 medical negligence cases including a high number of complex cases: over 400 birth injury claims which includes child brain injury/cerebral palsy claims; over 20 Erb’s Palsy claims plus stillbirth and neonatal death cases; around 70 adult brain injury claims; over 100 spinal injury claims; over 20 amputation claims; and several wrongful birth cases; cases relating to human rights and mental health; and a large number of cases involving inquests. This is in addition to psychological trauma cases, surgical error cases and cancer cases.

Testimonials

Awards and Recognition

5* TrustPilot Status

•We have been awarded 5 * Trust Pilot Status and our Leeds and Sheffield teams have received 64 (top level) 5* Trust Pilot client reviews during 2022 alone, demonstrating the team’s commitment to delivering the best possible outcomes for our clients.

National Personal Injury Awards

Outstanding Achievement of the Year

National Personal Injury Awards

Outstanding Case of the Year

National Personal Injury Awards

Marketing Campaign of the Year