Multi-million-pound settlement for young girl left paralysed following incorrect spinal surgery

Katie* was born with a rare genetic disorder that affects bone development and can be fatal. The condition causes scoliosis, amongst other things, and left her with a curved spine.

Katie underwent several operations on her spine as a young child, all performed by the surgical team at John Radcliffe Hospital in Oxford.  She had rods inserted to help straighten her spine and these were monitored and replaced throughout her childhood.  The team knew her spinal anatomy well.

In Spring 2021, Katie noticed some weakness in her legs, causing difficulty walking. The team at the John Radcliffe concluded it was nothing sinister and arranged for a CT scan a couple of weeks later.  The CT scan was reported, incorrectly, as showing nothing of concern.  In fact, it demonstrated a serious compression of her spinal cord at the T6/7 level which was causing her neurological problems.

After more delays, the treating team eventually decided that Katie needed an MRI which necessitated surgery to remove the metal rod in her back.  The MRI confirmed the severe compression of her spine. 

Two days later, Katie returned to surgery again, under the care of her long-time surgeons.  The plan was to decompress the stenosis at T6/7 by inserting a cage.

Tragically, when Katie awoke, she was paralysed from the chest down.  It was only the following day after another MRI that the surgeons realised that they had in fact operated at T2/3 instead of T6/7, some 10cm above where they had intended.  In so doing, they had not only failed to decompress the initial area of concern, but they had also caused a new injury higher up the spine.

Sadly, there has been no improvement in Katie's condition, and she remains paralysed.  She is entirely dependent on a wheelchair and requires lifelong care.

Katie and her parents contacted Jonathan who had experience with a similar case. Jonathan instructed a team of experts including a spinal orthopaedic surgeon, a radiologist and an anaesthetist to assist with the case. 

The case was that the surgical team (i) failed to diagnose and treat Katie's spinal compression in a timely fashion; (ii) performed the operation negligently, operated at the wrong level and failed to decompress the actual stenosis; (iii) failed to consent Katie and her parents properly for the index operation or for treatment afterward and (iv) failed to return her to theatre when the error was noted. 

The Trust, however, refused to accept the surgical negligence and suggested that because Katie's spinal anatomy was complicated, operating at the wrong level was an acceptable complication. Only a few months before trial, the Trust finally admitted liability.

With the help of another team of experts, Jonathan was able to quantify and then settle Katie's claim for a multi-million-pound sum. The award included a significant lump sum to allow her to buy an appropriate house and to put in place a proper care regime, as well annual payments to provide for the care and therapies she will need for the rest of her life.

At the end of the case, Katie and her parents wrote to Jonathan "to say thank you again for all the hard work that’s brought us to today and for guiding us through the process with such expertise and patience."

*Names changed

Contact us

For further information about surgery negligence claims or medical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com.

Alternatively

• You can speak to our medical negligence lawyers on freephone 0800 358 3848
• e-Mail them at personalinjury@fieldfisher.com
• Complete the short online enquiry form

All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.