Multi-million pound settlement following misdiagnosed pulmonary embolism leading to stroke

FG was a fit and healthy mother of four aged 26 who had given birth to her fourth child.

Sharon Allison, partner and head of medical negligence at Ashtons Legal, helped FG secure a multi-million pound compensation settlement to enable her to continue her life caring for her family with the assistance of care support and the equipment she will need to deal with her permanent injuries.  Sharon Allison was supported by assistant solicitor Alex Thomson and by Emily Formby KC of 39 Essex Chambers.

Brief details

FG had a family history of blood clots and following the birth of her fourth child she was prescribed anti-coagulant medication to prevent formation of blood clots and developing a deep vein thrombosis.

Almost three weeks after the birth of her fourth child she presented at A&E of the Defendant hospital with a persisting cough and shortness of breath.  She had been to see her GP the day before and had been given antibiotics for a suspected chest infection.

Her breathing and coughing had worsened overnight and the Trust undertook various investigations including a D-Dimer test to rule out blood clotting.  FG was seen by an A&E doctor who did not acknowledge the real and significant risk that the Claimant was suffering from a pulmonary embolism.  She was at a major risk of the same being less than six weeks post-partum.  She had an increased BMI, she was tachycardic and had abnormal sounds coming from her lungs.

The doctor incorrectly diagnosed pneumonia and advised her to wait until the antibiotics kicked in.  He did not review the investigations which identified along with the symptoms highlighted above, that she had a significantly raised D-Dimer result indicative of a potential pulmonary embolism.

The following day FG collapsed at home.  Her leg was purple and swollen and she was in a state of confusion.  On arrival at the hospital she had lost consciousness and was in cardiac arrest.  She suffered multiple cardiac arrests but was thankfully resuscitated.  She was immediately moved to ICU to stabilise her condition.

Scan showed an iliac vein DVT in her left leg and she remained profoundly hypertensive with right heart strain and a massive pulmonary embolus.

Some days later a further scan identified multiple infarcts to the left side of her brain, this left her with a right sided weakness which has left her with permanent mobility pain and hypersensitivity issues.  She also suffers from significant fatigue and impact of cognitive functioning.

Proceedings were issued in the case, however an early admission of liability was made allowing the parties to concentrate on quantum.  An interim payment of damages was secured to employ a case manager to support FG by seeking occupational therapy, physiotherapy and psychological therapy assessments and then ongoing support from all three therapists.

Comment

The claim settled in June 2024 following a successful round table meeting between the parties.  Sharon Allison says: “The circumstances of this case would be devastating for anyone but none more so than a mother of four who had only recently given birth.  Sadly the consequence of the failure to identify a pulmonary embolism despite her seeking timely and urgent medical attention has left her with permanent and life changing injuries.  The damages claimed can never properly compensate FG for the impact that this has had on her and her young family or the adapted life she will now have to lead for the rest of her life, but it will go someway to providing her with the financial security that she can afford to make the changes necessary to try to live as normal a life as possible.  It was a privilege to work with FG and to support her through the process which was made significantly easier with a collaborative and cooperative approach from the Defendant lawyers and insurers (NHSR)”.

Client testimonial

“Sharon and her team have gone above and beyond for me and my case.  She made sure I understood everything and I was well cared for throughout the process.  She worked extremely hard and we ended with an outstanding result.  I am happy that Sharon was chosen for me, I couldn’t have asked for a better person to represent me.”

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