A 16 year old girl has finally received damages for the negligent treatment she received at Great Ormond Street Hospital after a 14 year battle for compensation.

Tetralogy of Fallot

When Ella was only three months old she was diagnosed as suffering from Tetralogy of Fallot, a congenital heart abnormality, which compromises the ability of the heart to function properly.

During the course of surgery to correct the anatomy of the heart, a potentially fatal mistake was made whilst she was being placed on cardiopulmonary bypass, a technique that would temporarily take over the function of the heart and lungs during surgery.  As doctors tried to establish bypass, they failed to notice that the pump oxygenator was connected the wrong way round and as a consequence air was pumped into Ella’s heart, causing a massive coronary air embolus resulting in hypoxic ischaemic brain damage.

As a result of the negligence, Ella now has problems with coordination, has significant cognitive problems and has been diagnosed with dysexecutive syndrome, which has left her socially and emotionally vulnerable.
 

14 year battle

Ella’s mother first contacted solicitors in 1993 and once legal proceedings were issued the Trust admitted liability in 1996.  At this time, Ella was only 6 years old and the true extent and cause of her neurodevelopmental problems were not clear however her previous solicitors indicated that they thought the value of the claim was not substantial.  The Defendant made an offer to settle Ella’s claim for a total of £40,000 inclusive of the costs of bringing the claim.

Ella’s mother eventually came to Olive Lewin, partner in Leigh Day & Co’s clinical negligence department in 2003 having lost faith and hope that no progress was being made in Ella’s case.  Shortly after the case was transferred, an increased offer of £100,000 was received and subsequently rejected.

Settlement was reached two months before trial was due to take place.  The Defendant will pay £500,000 by way of a lump sum and an annual payment of £23,000 for the remainder of Ella’s life, which will ensure that all her future needs, are met.

For more information please contact Olive Lewin on 020 7650 1200.