The highly regarded medical negligence team at Fieldfisher has successfully obtained funds from the Plymouth NHS Trust after it admitted liability in a case in which an individual underwent an above knee amputation following a failure to diagnose a popliteal aneurysm.
Garry Moore visited his GP in July 2009 where he was mistakenly diagnosed with an infected foot. He was referred on to hospital as there were concerns. On 22nd July Garry attended at the A & E Department of Derriford Hospital. Again he was told that he had an infected foot. However, he was in fact suffering from a popliteal aneurysm which should have been diagnosed.
The consequences of failing to diagnose the aneurysm correctly were disastrous. The Claimant would have lost one toe, possibly two, but instead ended up with an above knee amputation being carried out.
The Claimant had to give up his business and relies hugely on help from his wife and daughters. He suffers severe restrictions in his daily life and, due to lack of funds, he has not be in the position to access rehabilitation and good quality prosthetic support.
Liability was finally admitted and Judgment entered on 25 June 2013.
More recently, it was clear that the Claimant who had been sleeping on a futon in a spare room downstairs, ought to have better and proper accommodation more suited to his needs and on one floor. He also wished to be able to purchase specialist prosthetics to enable him to have much more mobility. He had trialled the genium knee before but, due to lack of funds, had not been able to purchase one. Requests for such funds were rejected and the matter went before the Court.
At a hearing before Mr. Justice Stuart-Smith, the Court agreed that the Claimant should have further interim funds. The Claimant will by then have received £600,000 by way of interim payments which ought now to allow the Claimant to purchase suitable accommodation and he has ordered a genium knee.
The claim however continues. It is now some four years since the initial negligence.
Garry Moore said:
"I still find it hard to talk about what has happened over the past four years, coming to terms with having my leg taken off has been catastrophic enough, as well as this costing me my business I was a proud man and has always provided for my family. The Defendants have added to the stress as this is now four years on and at present we are still living in the same accommodation trying to cope day by day. Jill Greenfield and associates have been fighting every step of the way for better accommodation and a Genium leg which I have just been awarded the funds for this and I can't thank them enough as this will make such a difference to me and my family."
Jill Greenfield, Garry Moore's solicitor, added:
"We have had to push the Defendants very hard indeed to get the funding to allow Mr. Moore to move into far more suitable accommodation and to purchase a much needed prosthetic leg. It seems to me that this could and should have been provided really quite some time ago. I would hope that this will now allow Garry to at least move forward a little bit more in his rehabilitation whilst we continue to discuss with the Defence either terms for settlement or we will simply progress the case to a Trial on quantum."
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