£1.5 million award for client who suffered brain damage because of a delay in diagnosis | Fieldfisher
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Case Study

£1.5 million award for client who suffered brain damage because of a delay in diagnosis

Jonathan Zimmern was instructed by Mrs Wilshaw after she suffered a serious brain injury on 21 November 2008 following a delay in diagnosis and treatment of a stroke caused by an aneurysm in her brain.

At the time of her stroke, Mrs Wilshaw was 62 and in good health.  She was working full time and living an independent life.  The stroke left her with a serious brain injury and she spent several months in hospital for treatment and rehabilitation. She is no longer able to live independently and was obliged to move to supervised accommodation. She requires supervision around the home and when she is out of the house and she has been unable to return to work.

On 23 October 2008, Mrs Wilshaw suffered a sudden and violent headache with vomiting whilst on holiday in India.  On her return to the UK, she attended Ealing Hospital Accident & Emergency department on 31 October 2008.  She was seen by a casualty doctor who examined her but discharged her with no treatment.  Despite this, Mrs Wilshaw and her family remained concerned. She saw her GP the following day,  who referred her to a neurologist. The neurologist referred her for an MRI, suspecting a haemorrhage or an aneurysm.

The scan demonstrated the aneurysm but, unfortunately, the scan was misreported and Mrs Wilshaw was again discharged home. She suffered a catastrophic stroke the following evening.  

Mrs Wilshaw's family instructed Jonathan Zimmern, a medical negligence claims expert, who obtained reports from a Neurosurgeon, Consultant in Emergency Medicine, a Neuroradiologist and a Neurologist. He was able to show that the Trust failed to recognise Mrs Wilshaw's aneurysm and haemorrhage and treat it accordingly so as to prevent the stroke.

In their Defence, the Hospital Trust admitted that they were negligent in the management, care and treatment of Mrs Wilshaw when she was in A&E. Following this admission, Jonathan was able to negotiate interim payments for Mrs Wilshaw whilst he finalised his investigations in to the value of the claim.

These interim payments allowed Jonathan to instruct a Case Manager to assist Mrs Wilshaw with her care and accommodation needs. At a meeting with the Defendant's Solicitor in December 2014, Jonathan negotiated a lump sum settlement of £370,000 and annual payments of £58,694 for the rest of her life, which, based on her current life expectancy, may result in a total award of over £1.5million. 

The award for annual payments in particular will ensure that Mrs Wilshaw will have the funds available to pay for the care and help she needs for the rest of her life.

Contact us

For further information about delayed diagnosis claims and clinical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com.


All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.