August 22nd, 2011
In September 2008, *Simon* attended his local GP Surgery complaining of a mole on his chest which had changed in size and which he was worried about. He was assured by his local GP that it was nothing to worry about.
However, over time the mole continued to grow, bleed and change in appearance. Simon re-attended his GP in November 2009 by which time the mole was nearly twice the size it previously was. In addition, it was also bleeding and irregular.
A referral was then made to a specialist at Simon’s local Hospital and a diagnosis of a malignant melanoma was made. Simon ultimately underwent excision of the melanoma but the cancer had proportionately spread to his brain, lungs and chest wall.
In February 2010, Simon contacted David Sears, a solicitior specialising in clinical negligence matters at Pryers Solicitors.
Investigations into the case were commenced and an expert opinion from a GP was obtained. The expert evidence was extremely supportive of the case on the basis that the Defendant had failed to make an urgent referral despite Simon presenting with classic signs of skin cancer.
Further expert evidence ws obtained from a Consultant Dermatologist who confirmed that had the cancer been detected sooner, then Simon would have had a greater life expectancy.
In July 2011, the Defendant’s insurers made an offer to settle of £45,000 plus costs. David Sears then entered into negotiations with the Defendant’s insurers and reached a settlement of £65,000 plus costs, which Simon was extremely happy to accept in full and final settlement.
Tags: Chest Wall, Classic Signs, Clinical Negligence, Consultant Dermatologist, David Sears, Defendant, Excision, Expert Evidence, Gp Surgery, Life Expectancy, Local Hospital, Lungs, Malignant Melanoma, Melanoma, Signs Of Skin Cancer, Skin Cancer, Solicitors, Specialising, Suspicious Mole, Urgent Referral
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August 19th, 2011
In September 2006 *Maria* underwent a hysterectomy at her local hospital in the North East. During the operation Maria’s right urethra was damaged but was not discovered until sometime after the operation when she began to feel unwell and suffer from right sided pain. It was not until some ten days later that a leak from the urethra as well as an obstruction was identified.
In September 2009 Maria contacted David Sears, a solicitor specialising in clinical negligence matters at Pryers Solicitors.
Investigations were undertaken and expert evidence was obtained from a Consultant Gynecological Surgeon and a Consultant Neurologist. Both were in agreement that although the damage that was caused to the urethra was noted as a potential complication on the Consent Form, Maria had a normal anatomy and the Surgeon would have had a good surgical field of vision during the operation.
The Defendant commenced investigations shortly prior to the Defence being due and an early settlement offer of £10,000 was made. Maria happily accepted the offer given that she did not have any ongoing problems as a result of the negligence.
Tags: Anatomy, Clinical Negligence, Consent Form, Consultant Neurologist, David Sears, Defendant, Early Settlement, Expert Evidence, Field Of Vision, Hysterectomy, Investigations, Local Hospital, Solicitor Specialising, Solicitors, Urethra
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August 17th, 2011
*Harry* had a history of right DVT and pulmonary embolism from March 2006. He subsequently was admitted to his local Hospital in April 2007 to undergo a right leg varicose vein procedure. The performing Surgeon however, did not examine Harry’s leg and he was not provided with any DVT phylaxis as a preventative measure.
In July 2007 Harry underwent surgery without any DVT phylaxis. Unfortunately, five days later he was subsequently readmitted to his local Hospital complaining of chest and calf pain. He was subsequently diagnosed with pneumonia and discharged home only to return to hospital two weeks later after having been diagnosed with an extensive DVT.
Harry approached David Sears, a solicitor specialising in clinical negligence matters at Pryers Solicitors.
Investigations were undertaken and a letter setting out the allegations of negligence following supportive expert evidence was submitted to the Defendant. The Defendant then submitted a Letter of Response admitting breach of duty in respect of the surgery and failure to provide DVT phylaxis.
Harry had pre-existing venous insufficiency and limited function therefore the injury was limited to a six month period following the surgery. In an attempt to reach early settlement David Sears proposed an out of Court settlement in the sum of £17,000, which the Defendant rejected and made a counteroffer of £15,000. It was ultimately agreed that the matter would settle for £16,000 plus costs which Harry gladly accepted.
Tags: Allegations, Breach Of Duty, Calf Pain, Clinical Negligence, Counteroffer, Court Settlement, David Sears, Defendant, Dvt Prophylaxis, Early Settlement, Expert Evidence, Failure, Investigations, Local Hospital, Phylaxis, Pneumonia, Preventative Measure, Pulmonary Embolism, Solicitor Specialising, Solicitors
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August 15th, 2011
*Michael* had a four year history of severe abdominal pain for which he made numerous attendances to his local hospital in Chesterfield. He underwent various non-surgical investigations in 2008 and was finally diagnosed with Crohn’s disease.
Following this diagnosis Michael underwent a hemicolectomy in November 2008 to ease his symptoms. Unfortunately, he did not recover well post-operatively and it was not until February 2009 that he underwent exploratory surgery. Following which it was subsequently discovered that Michael had a pelvic abcess, fistulas and adhesions.
In October 2009, Michael contacted Laura Turner, a solicitor specialising in clinical negligence matters at Pryers Solicitors.
Investigations into the case were commenced and an expert report from a Consultant Gastroenterologist was obtained. The expert’s report was not wholly supportive in that he was of the view that all of the management up to the operation in November 2008 was thought to be reasonable. The expert did, however criticise the hospital’s delay in performing appropriate investigations to confirm why Michael was not making any improvement.
A letter outlining the allegations of the hospital’s failings was sent to the Defendant and the Defendant responded admitting liability. This admission however was for a reduced period of time alongside an offer to settle of £1,000 plus costs. A counter offer of £5,000 plus costs was put forward to the Defendant which was rejected. The Defendant then offered £2,500 plus costs in full and final settlement, which Michael was happy to accept.
Tags: Abcess, Adhesions, Admission, Allegations, Clinical Negligence, Consultant Gastroenterologist, Crohn S Disease, Defendant, Disease Diagnosis, Expert Report, Exploratory Surgery, Fistulas, Hemicolectomy, Investigations, Laura Turner, Local Hospital, Period Of Time, Severe Abdominal Pain, Solicitor Specialising, Solicitors
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July 1st, 2011
Pryers Solicitors have been instructed to investigate a potential product liability claim concerning the Biomet Ankle Evolution System (“AES”) ankle replacement components.
The AES was designed and manufactured by a French company called Transysteme SA, but imported to the UK and marketed under the Biomet name. The joint consists of two metal components, made of a cobalt/chromium alloy, with a polyethylene floating bearing sandwiched between them.
In 2004, the Leeds Teaching Hospitals NHS Trust received funding from Biomet to become a “centre of excellence” in the use of the AES ankle and many patients in the Yorkshire area were fitted with the joint.
Initial results were thought to be encouraging, but by 2009, reports were emerging that the joint was associated with a very high rate of osteolysis. This occurs when the body detects tiny particles of foreign material and reacts against them, also causing damage to healthy bone. The bone becomes soft and gradually disintegrates.
Some studies have reported osteolysis occurring in more than 50% of patients with this particular product. In some cases, the osteolysis can be seen on x-ray but causes the patient no symptoms. In other cases, it can lead to failure of the joint and destruction of the bones around the ankle. In the most extreme cases, it has required amputation of the lower leg.
The AES joint was withdrawn from the market in the UK, but was not subjected to any formal action by the medical product authorities. However, it continued to be sold in France, under the Transysteme name, until being formally recalled by the authorities in January 2011.
Pryers are now working with some of the world’s leading experts in ankle surgery to determine whether the AES is defective and whether the problems encountered could and should have been identified before the product came onto the market.
If you have suffered problems with a Biomet AES ankle replacement, please contact Richard Starkie on 01904 556600 or by email at richard.starkie@pryers-solicitors.co.uk.
Tags: Amputation, Ankle Replacement, Ankle Surgery, Biomet, Centre Of Excellence, Chromium, Extreme Cases, French Company, Initial Results, Medical Product, Metal Components, Osteolysis, Polyethylene, Product Liability Claim, Replacement Components, Solicitors, Teaching Hospitals, Tiny Particles, X Ray, Yorkshire Area
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