In this clinical negligence claim, Frimley Health NHS Foundation Trust admitted that it had negligently failed to identify, and surgically to correct, a tethered spinal cord by the time that the Claimant was about 3 years old. In fact, it was not diagnosed and treated until many years later.
The Claimant had an extremely complex presentation. She suffered from permanent urological dysfunction for which the Trust admitted liability. However, she also suffered from chronic primary pain, functional neurological disorder, generalised anxiety disorder and cognitive impairment all of which the Trust argued were unrelated to her spinal pathology and to their admitted negligence. The interrelationship between those conditions, the synergistic effect of one on the other and their relative causation was the subject of fierce debate between the parties and evidence had been adduced from a plethora of expert witnesses in a series of disciplines. The matter was due to be heard over ten days in the High Court in early 2024.
After protracted negotiations between the parties, the matter was resolved in early December 2023, the Trust having agreed to make a multimillion pound lump sum payment to the Claimant.
John Whitting KC and Jessica Elliott of 1COR, instructed by Katherine Pearce of Davies & Partners, acted for the Claimant.
