CLS-V- Royal United Hospital Bath NHS Trust

The Claimant was admitted to the Royal United Hospital in Bath for treatment of an upper respiratory tract infection on the 27th January 1998. He was one month old. Intravenous fluids were delivered through an IVAC. The infusion was made up of 10% Dextrose and electrolytes. On 29th January at 21.30hrs the pressure alarm sounded. The infusion site was checked, and the cannula remained sited in the veins, and infusion recommenced. However, at 09.45hrs on 30th January, the infusion line was discovered to have extravasated, resulting in gross swelling of the left hand and fingers, and tissue damage was observed to the back of the infant claimant's hand.

A formal Letter of Claim was sent to the Trust (following investigation) on the 13th April 2000, and the Pre-Action Protocol Letter of Response was dated the 18th July 2000. Following internal review of the incident, the Trust accepted that the infant's hand was bandaged in such a way that it was impossible to see, even though the infusion was checked regularly, whether there was any leakage from the drip. It was accepted that because the bandaging was not removed for 3 days, the serious damage to the back of the baby's hand took place, and that earlier removal might have resulted in the extravasation having been recognised earlier than was the case. However, the Trust still denied liability, and particularly that there was a failure to monitor the drip as was suggested in the Letter of Claim. There was monitoring, it was wholly ineffective, because of the negligent bandaging.

The Trust asserted that claims for further surgery in the Claimant's teens to revise the scar for cosmetic and functional reasons were speculative. Fortunately, the Claimant's orthopaedic expert advised that there were no orthopaedic problems with the hand, and the scar was now stable, and there was no reduction in movement in the hand. The Claimant sustained a 4cm by 3cm full thickness burn to his left hand, which left an obvious irregular scar covering the whole of the back of his minute hand.

Eventually, the Defendants made a Part 36 Offer in a global sum of £18,000.00 plus costs, subject to the approval of the Court. This Offer was accepted, and the court approval was obtained on the 5th January 2001.

Although there was no formal breakdown of the damages, General Damages were in the region of £12,000.00 to £15,000.00. Provision for future surgical costs £4,900.00, and £100.00 was released to the infant's Litigation Friend for travelling and out-of-pocket expenses. The balance of the funds were invested to abide the infant's majority.

Claimant's experts:
Mr Ronald Hiles, Consultant Plastic Surgeon.
Mr Mark Paterson, Paediatric Orthopaedic Surgeon.
Defendants' Experts

Not disclosed.

Claimant's Solicitor:
Gerry Ferguson, Withy King

Defendant's Solicitor:
Matthew McGrath, Beachcroft Wansbroughs