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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November 9th, 2010
Pryers Solicitors have been instructed by a number of patients to bring claims for compensation in relation to the failure of De Puy ASR hip implants, which have been recalled by the manufacturer.
Since the product was launched in 2003, over 10,000 people in the UK have been fitted with a De Puy ASR hip implant, either during hip replacement or hip resurfacing.
Towards the end of 2009, experts in Australia became concerned that a large number of ASR hips were failing prematurely, often requiring further surgery. Earlier this year, the UK Medicines and Healthcare Products Regulatory Authority (MHRA) issued a notice about the ASR hip, saying that there may be a problem. They began their own investigations. In September 2010, the manufacturer, De Puy, decided that the products should no longer be used; that unused stock should be returned to the manufacturer; and patients who had received an ASR device should be checked by their surgeons and, if they showed symptoms of failure of the device, revision surgery should be considered.
While the revision rate is still relatively low, at about 12 or 13% within five years, this is more than twice the rate that would be expected from other hip products. It is therefore expected that a very large number of patients will have hip pain and will require additional surgery due to the defect in the particular hip used. In many cases, such patients will be entitled to compensation from De Puy.
Pryers represent a number of people, from all over the UK, who have had problems with the De Puy ASR hip and who have required further surgery for revision, or are expected to require revision in the future. Claims for compensation will be brought against the manufacturer under the Consumer Protection Act, which requires manufacturers to pay compensation for injuries and financial losses caused by defective products. Most cases will be conducted on a “no win no fee” basis.
If you have been fitted with a De Puy ASR prosthesis, whether as a replacement or resurfacing, and are having hip pain or other hip symptoms, please contact Richard Greensit, a specialist medical solicitor at Pryers.
Richard can be contacted on 01904 556600 or at richard.starkie@pryers-solicitors.co.uk.
Update: Please see related post: DePuy ASR Hip Replacement Products
Tags: 7 September, Australia, Consumer Protection Act, David Sears, De Puy, Defective Products, Depuy, Failure, Family Member, Fee Basis, Financial Losses, Healthcare Products, Healthcare Products Regulatory Agency, Hip Implant, Hip Implants, Hip Pain, Hip Replacement, Hip Replacements, Hip Resurfacing, Hips, Investigations, Legal Advice, Litigation, Medical Device Alert, Medical Directors, Medicines, Medicines And Healthcare Products Regulatory Agency, Mhra, Regulatory Authority, Solicitors, Unused Stock
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February 24th, 2010
Pryers welcomed the latest addition to their team this week. David Sears has come from a major York firm and has specialised since qualification in complex and high value personal injury claims, as well as clinical negligence claims including brain injury claims, birth injury claims and abuse claims. He is delighted to be joining their Clinical team and looks forward to continuing his specialism with such a reputable and expanding firm. David is also a prominent member of Headway York, the local group of Headway the Brain Injury Association, and is currently their secretary.
Pryers are expanding at such a pace at the moment they are also looking for new offices to accommodate the growing team as they have three more solicitors scheduled to join them by the summer.
For more information on how Pryers can help you with your claim, please call 0800 316 0166.
Tags: Birth Injury, Brain Injury Association, Clinical Negligence Claims, David Sears, Headway, Latest Addition, Local Group, Pace, personal injury, Solicitors
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