Please click on the below links to read the following case reports:
CB v Southampton University Hospital NHS Trust
V v Poole Hospital NHS Trust
Karen Richardson v Winchester & Eastleigh Healthcare NHS Trust
G v Cvm Taf NHS Trust (2009)
MW (on her own behalf and administratrix of the estate of AW deceased) - v - Great Western Hospitals NHS Foundation Trust
CB v Southampton University Hospital NHS Trust
Withy King acted for C, who received £40,000 following the prolonged labour of her first child in November 2004. A piece of the placenta was retained causing her to suffer a severe post-partum haemorrhage requiring surgical intervention. The Claimant suffered a Post Traumatic Stress Disorder and moderate depressive episode and she was unable to care for her newborn baby, including being unable to breastfeed.
V attended the Defendant Hospital in order to give birth to her first child. Despite her medical records clearly indicating an allergy to elastoplast, her epidural was secured using elastoplast as a result of which she suffered a severe allergic reaction.
V’s back became very red, and she developed tiny blisters which were extremely uncomfortable. V was prescribed steroid cream and painkillers. The tiny blisters eventually became one large blister which resulted in the skin becoming very tight, and it was extremely difficult for V to move for 3 weeks following the birth of her first child.
This matter was settled for the sum of £1,900.
Karen Richardson v Winchester & Eastleigh Healthcare NHS Trust
On 21 April 1994, the Claimant was admitted to Winchester Maternity Hospital as an emergency, and underwent a caesarean section.
Post-operatively she suffered from complications with continuing bleeding from the operation wound and accordingly the wound was explored under general anaesthetic later the same day. Several bleeding points were found and diathermised. Satisfactory haemostasis was obtained and the wound was closed. The Claimant was discharged on 30 April 1994.
The Claimant felt that she did not recover particularly well following the caesarean section and noted that she had a lump in her abdomen. Her GP advised that she might have a hernia, but she was not advised to have any treatment.
As the years went by, the Claimant began to have more significant problems with the lump in her abdomen. It became substantial in size and solid and she found it difficult to lie on her stomach. She also began to have difficulty in doing up skirts and trousers.
In approximately May 2005 the lump began to get bigger and the pain increased significantly. The pain was periodic and would last sometimes for three or four days and then ease before returning.
By December 2005 Mrs Richardson was doubled over in pain and attended her GP who thought that she was pregnant. She underwent an internal examination, and her GP then referred her to the duty surgeon at Accident & Emergency at the Royal Hampshire County Hospital.
The Claimant underwent a CT scan at the Royal Hampshire County Hospital, which revealed a retained swab, encased in what has been described as a “giant mature walled seroma”. The Claimant subsequently underwent a laparotomy and removal of retained swab, evacuation of abscess cavity and excision of abscess wall, under general anaesthetic on 18 April 2006. She was discharged from hospital on 21 April 2006, and was unable to return to work for a period of seven weeks. She has been left with a substantial scar.
Please click here to read the full case report.
The Claimant, a 23 year old woman, received £45,000 after a midwife failed to examine her following a perineal tear in January 2003. She had to undergo a late repair of a third/fourth degree tear and a temporary colostomy and suffered loss of libido temporarily.
Claimant: female
18 years old at date of accident
23 years old at date of settlement
Total damages: £45,000
Settlement date: 23 September 2008
PSLA: £25,000
Type of award: out of court settlement
Court: out of court settlement
Please click here to read the full case report
MW (on her own behalf and administratrix of the estate of AW deceased) v Great Western Hospitals NHS Foundation Trust
Withy King successfully settled this claim for maternal injuries. The Claimant unfortunately suffered a miscarriage, and therefore underwent an operation known as evacuation of the retained products of conception. Her womb was damaged during that procedure, which resulted in the tearing of her womb in a subsequent pregnancy. There was a claim for pain and suffering on behalf of the Claimant in terms of the damage to her womb and the fact that she was then unable to have children “naturally”, for the pain and suffering and funeral expenses associated with the death of her baby daughter and also her financial losses including the costs of past and future surrogacy.
