7-figure settlement for patient with permanent voice loss from thyroidectomy

Susan* was diagnosed with thyrotoxicosis, arising from an over-active thyroid. Following treatment with medication, she was advised about two alternative options: radioactive iodine treatment and thyroidectomy surgery. As Susan did not want to undergo surgical intervention, she was referred to an Oncologist at University Hospital Coventry for further discussions about Radioactive Iodine, which focused on its adverse effects.

George Elliott Hospital continued to recommend surgery and because her symptoms weren't improving, Susan discussed the risks of thyroidectomy surgery with her consultant. The main risks that were explained to her was that she may require life-long calcium and that there was a possibility of laryngeal nerve damage, where she may develop a change in voice, described as a very slight risk, that could last up to six months.

There was no advice provided around the risk of impaired breathing, the risk of tracheostomy, or difficulties with swallowing or permanent voice change.

Had Susan been fully informed of the risks involved, she would not have opted for the surgery and would have decided to undertake radioactive iodine treatment, a relatively low risk treatment.

Post-surgery, Susan struggled with breathlessness and her voice sounded hoarse and weak. She was reported on three occasions to have respiratory stridor, but was not referred for a respiratory review.  The surgeon advised Susan that the operation had been "tough" and that her voice might take up to 6 months to recover.

Susan then required emergency admission to hospital due to a deterioration in her breathing and was informed that both vocal cords were paralysed and she may need an emergency tracheotomy. Fortunately, Susan was able to undergo further surgical treatments to make her breathing more manageable and to avoid the need for a tracheotomy at that time.

Despite this, Susan has been left with permanent breathing difficulties which impact her daily life. She struggles to use the stairs or walk around her home, suffers from fatigue and has been unable to return to work as a GP receptionist, a job she loved. She is self-conscious of her voice and terrified of infection which has meant she has had to stop travelling with her husband. She is also likely to require a tracheostomy as a result of her injuries in later life.

Louise and Caron alongside Jo Moore of 1 Crown Office Row represented Susan.  They instructed experts, including an ENT Surgeon and experts in psychiatry, care and speech and language therapy, to assess the treatment provided by the hospital and quantify the claim. It was Susan's case that there was:

1.  Failure to obtain informed consent and to fully warn her of the risks of thyroidectomy including of bilateral vocal cord palsy, breathing difficulties, the possible need for a tracheostomy and serious voice changes.
2. Surgery was not performed to a reasonable standard and the surgeon failed to identify and monitor the recurrent laryngeal nerve to protect this from injury; and
3. Post-operatively there was a failure to diagnose Susan with bilateral vocal cord palsy and to treat this prior to her discharge from hospital.

Despite no admissions of liability being made by the defendant trust, the parties reached settlement of £1.3m. This will enable Susan to engage in the therapy she requires, to purchase suitable accommodation and to employ support and assistance with activities of daily living.

Following settlement, Susan said:

'Me and my husband would like to thank Louise, Caron and all of the team at Fieldfisher. We were previously turned down by another solicitor, so it was a great relief to find a team that believed in me, and to have confirmation that I did indeed have a case.

'It was a long process that could be stressful at times, but so completely worth it. I truly believe that we had the best team possible, they listened to our thoughts and nothing was ever too much trouble.

'We can now begin to plan for the rest of our lives, without having to worry about the financial burden that my injuries would have caused.'

*Name changed

Contact us

For further information about NHS negligence claims and medical negligence claims please call Caron Heyes on 03304606743 or email caron.heyes@fieldfisher.com or please call Louise Astill on 03304606147 or email Louise.Astill@fieldfisher.com

Alternatively

• You can speak to our medical negligence lawyers on freephone 0800 358 3848
• email us: 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.