£17.5m + for client left with severe brain injury after routine surgery for ear infection
Lindsay Holt acted for Ava* in a claim against Spire Healthcare Limited. At the date of the negligence, Ava was in secure employment and was living with their partner and their first child.
Ava underwent routine mastoid surgery for recurrent glue ear at the age of 28 at the defendant hospital, under the NHS waiting list initiative. Ava suffered a brain abscess and mechanical injury to the temporal lobe, after the tegmen and dura were breached and neurotoxic paste was packed into the brain cavity during and after surgery and following brain surgery. Ava was left with mood disturbance, instability, fatigue, emotional disturbance with significant self-harm, depression, anxiety and chronic pain.
Ava was diagnosed with epilepsy, lost their job, their relationship broke down, and they became reliant on 24-hour support to navigate daily life and were no longer able to manage their finances and other affairs.
The defendant had made interim payments while Ava's prospects of recovery were assessed by an extensive team of experts instructed by both sides. Ava will not recover from their injuries and will need lifelong support.
The award, approved by the High Court, provides Ava with a lump sum of £5.4m (inclusive of interim payments) which will allow a suitable property to be purchased plus annual payments of £ 270 000 per annum for care and therapies for the rest of their life.
There is also provision for Ava to return to Court in the event of a deterioration in her condition (uncontrolled epilepsy).
Fieldfisher instructed Marc Willems KC of Cobden House Chambers.
*Name changed to protect claimant
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