Family secures six-figure settlement after delay in diagnosing spinal abscess left father paralysed

The trust admitted the man’s symptoms should have prompted more urgent escalation but continues to deny that earlier diagnosis and treatment would have taken place in time to avoid the spinal cord injury that ultimately left him dependent on full-time care before his death. 

In March 2018, a man in his 40s, who we have called John, attended his local A&E after developing worsening back pain, shooting pains in his right leg, and experiencing increasing difficulty walking. He was admitted into hospital and investigations showed infection and a possible abscess formation near his spine.  

Whilst in hospital on 31 March, John developed neurological symptoms including weakness and loss of sensation in both legs. The following day, his condition deteriorated dramatically, requiring intensive care treatment and ventilation while under sedation. 

John’s family argue that the neurological symptoms should have prompted urgent escalation and assessment by the acute medical team. 

Within four days John had lost virtually all movement in his limbs and on 4 April, an MRI scan revealed an extensive spinal epidural abscess (formed between the bones of the spine and its outer membrane) and significant spinal cord damage.  

Emergency surgery was undertaken that night but, by then, the impact of the abscess had been catastrophic. John was told he was unlikely ever to walk again and might never regain feeling below his neck. 

John’s family argued that had proper assessment taken place several days prior when he had first displayed neurological symptoms, John would have undergone an MRI and the spinal abscess would likely have been identified sooner, meaning John would have undergone urgent surgery which would have avoided damage to the spinal cord. 

John had extensive rehabilitation but experienced ongoing pain, required regular respiratory management, and developed complications including pressure sores and recurrent health problems associated with his disability. He also struggled with the loss of independence that followed the injury. 

Although he remained able to communicate and retained full awareness of his circumstances, John was no longer able to care for himself and became reliant on healthcare professionals, carers and his family for even the most basic tasks. 

John lived with the effects of his injuries for several years but died following respiratory complications alleged to have arisen as a consequence of his spinal cord injury.  

John had instructed solicitors at Leigh Day to investigate a clinical negligence claim arising from the delay in diagnosing and treating his spinal epidural abscess. The claim alleged that opportunities to diagnose and treat the infection were missed, and that earlier intervention would have prevented the catastrophic spinal cord injury which left John tetraplegic. 

Evidence was obtained in support of the claim and proceedings were issued against Liverpool University Hospitals NHS Foundation Trust. During the case, it was alleged that John's presentation of infection, severe back pain, bilateral leg weakness and urinary symptoms should have prompted urgent MRI imaging and specialist intervention. It was further alleged that, had appropriate treatment been provided sooner, John would have avoided the neurological injuries that followed. 

After John’s death, his family continued to pursue the claim. 

Liverpool University Hospitals NHS Foundation Trust admitted that escalation to the acute medical team was warranted on 31 March but denied that diagnosis would have been made and treatment would have been provided in time. After entering into settlement negotiations, Leigh Day was able to secure a six-figure settlement on behalf of John’s family in July 2026. 

John was represented by medical negligence partner Lauren Tully. Lauren said:  

“John’s case should have been resolved a long time ago. John and his family have had to fight incredibly hard to get accountability throughout this lengthy process. John did not get to see his claim come to a resolution, but I am pleased to have helped John’s family see through the case after he died.”