W v ESH NHS Trust
9 April 2021
High Court clinical negligence case. Lionel Stride (instructed by Iona Smith and James Roberts at Gaby Hardwicke) represented an elderly lady who tragically lost a leg as a result of an alleged failure to diagnose a pseudoaneurysm following re-hospitalisation after an angiogram, leading to severe infection and, ultimately, amputation. Breach of duty, causation and quantum remained in dispute.
The Defendant contended that the pseudo-aneurysm had developed rapidly and/or been identified at the earliest reasonable opportunity. The parties could not reach agreement at a full-day mediation but the claim settled shortly thereafter for a confidential six-figure sum when the Defendant significantly increased its previous offer. The settlement reflected the Claimant’s age and an appropriate discount for litigation risk to both sides.