Compensation following meningitis death
(1) D (2) C v BARNET AND CHASE FARM HOSPITALS NHS TRUST
(2008)
Out of Court Settlement 18/1/2008
The claimant parents received £36,000 after their son
died in November 2005 following a delay by a hospital in providing
treatment for meningitis. They suffered a loss of earnings and
sustained psychological injuries.
Claimant: Male and female: 22 years old and 25 years old at date of
accident; 24 years old and 27 years old at date of
settlement.
Clinical Negligence: On November 17, 2005, the claimant parents (C)
took their nine-month-old son (S) to a hospital of the defendant
trust (D). He was suffering from a temperature, was being sick and
was moaning. He was seen by a doctor and was diagnosed as suffering
from either chicken pox or an acute viral illness and was
discharged two-and-a-half hours later.
C returned S to the hospital three-and-a-half hours after he was
discharged. S was seen by a paediatrician after 40 minutes but died
in theatre two hours later from meningitis. C witnessed the doctors
trying to insert a tube into S’s throat and being given CPR before
he died.
C sustained injury and brought an action against D alleging that it
was negligent in delaying the provision of treatment.
Liability admitted. D admitted liability for a seven-hour delay
which, on the balance of probabilities, was responsible for S’s
death.
Injuries: C lost their son.
Effects: C suffered a loss of earnings.
C both experienced nightmares, flashbacks and major depressive
episodes. The mother was prescribed anti-depressants and sleeping
tablets.
Out of Court Settlement: £36,000 total damages.
Background to damages: The case was settled on a global basis with
no particular breakdown of damages. However, the following
breakdown was estimated by the claimant’s solicitors:
Breakdown of General Damages: Bereavement award: £10,000; Mother’s
psychiatric injury: £9,000; Father’s psychiatric injury:
£5,000
Breakdown of Special Damages: Funeral expenses: £2,076; Past loss
of earnings: £7,374; Past cognitive behavioural therapy costs:
£2,550
Body Part: BRAIN - HEAD - CEREBRUM
Condition: DEPRESSION - NIGHTMARES - FLASHBACKS
Hodge Jones & Allen for the claimant. NHS Litigation Authority
for the defendant.