Mother settles claim following the asthma-related death of her 10-year-old son

William died on 29 May 2021 from a cardiac arrest caused by respiratory arrest resulting from acute and severe asthma that was chronically very under controlled. William had previously suffered a nearly fatal asthma attack on 27 October 2020 which he survived. 

The civil claim followed an inquest into William’s death, in which area coroner for Essex, Sonia Hayes concluded that there had been multiple failings by healthcare professionals to recognise and adequately treat his asthma causing his death. She added that neglect by healthcare professionals contributed to William’s death, and issued a Prevention of Future Deaths report.  

The coroner also found that Article 2, William’s right to life, was engaged as she found the state did not have an appropriate system in place to protect and safeguard the lives of children with asthma at the time. She heard evidence that NHS England has recognised deficiencies in asthma care for children and, while there is an intention to reduce avoidable harm as a result, it was not in place at the time William died. 

Leigh Day solicitor Julie Struthers represented William’s family in the inquest.  

In the civil claim, the defendants admitted they negligently failed to recognise the severity and frequency of William's asthma symptoms and the consequential risk to his life that was obvious. They accepted there were multiple failures to escalate and treat William’s very poorly controlled asthma by healthcare professionals that would and should have saved William’s life. It was admitted that, on a balance of probability, with appropriate care, William’s asthma would have been better treated and managed and he would not have died on 29 May 2021. 

A five-figure settlement was agreed which takes into account the pain and suffering William experienced during the period of his inadequately managed asthma, and during the fatal attack. It also includes a bereavement award for William’s parents, and a sum to recognise the care that William’s mother provided to William in the year before he died.  

William’s mum, Christine, said: 

"Since William’s inquest it has been immensely difficult for us as a family to comprehend the many instances of neglect and failures in his treatment, that have come to light. No family should ever have to lose their child, so it is not easy to live with the knowledge that our beloved son’s death could have been prevented.   

"For us, the hardest part of losing William is living life without him and I can only hope that what happened to him will prevent another family going through the same tragedy and that all organisations will do better and learn from it.  

"We miss William unconditionally. We miss him as much today as the day we lost him and losing him has changed us to our very core.  The pain is unbearable still and knowing that he should be with us makes the pain even deeper.

"We could not have made it through the legal process had it not been for Leigh Day, particularly Julie Struthers and the amazing team there. The care and sensitivity they showed us was astounding. We are really thankful for their incredible work and dedication.  

"We hope William’s tragedy has raised awareness that more needs to be done for asthmatic children to prevent this ever happening again.  In my view, education on asthmatic/lung conditions and allergy patients should be mandatory to all healthcare providers. We need the health service to prioritise asthma and other lung conditions, ensuring that people have the right inhalers and are properly monitored and that healthcare staff always ask the right questions when they are faced with an asthma patient. 

"Finally, whilst William was let down by some organisations, I also wanted to say a huge thank you to those who were involved and who did try their best to save my son."

Christine was represented by a clinical negligence legal team at law firm Leigh Day, solicitor Julie Struthers and partner Brendan Hope, both based in Manchester.  

Leigh Day partner Brendan Hope said: 

“The negligent management of William’s asthma caused his death.  Quite simply that could have been prevented. No amount of money will truly compensate for the pain and suffering William experienced, nor for his family’s loss, but I hope the outcome of the case goes some way to bringing William’s family some closure. It has been it has been a privilege for us to represent William’s brave mother in this tragic case.”