A man who underwent a kidney transplant and received a kidney from a donor with lymphoma cancer has settled his compensation claim through out-of-court negotiations after the NHS Blood and Transplant Unit conceded negligence.
The affected patient, Robert Law, sixty-two of Merseyside, had the operation during 2010 at the Royal Liverpool Hospital. However, six days after the procedure a post-mortem of the organ donor indicated that they suffered from lymphoma – a form of blood cancer that the safety screening for the donated kidney failed to notice. The donor died from a brain haemorrhage.
Mr Law, who lived in New Ferry on the Wirral was promptly informed of the discovery. However, as immune responses are lowered after a kidney transplant operation to minimise the risk of the recipient’s body rejecting the new organ, the white blood cells from the infected kidney rapidly spread throughout Mr Law’s body via his circulatory system. A course of chemotherapy ensued for Mr Law to treat the rare blood cancer. A following biopsy indicated that the lymphoma was in remission.
Mr Law sought legal counsel and made a lymphoma cancer compensation claim against the NHS Blood and Transplant Unit. In 2012, two years after the disastrous transplant, they conceded liability for the victim’s lymphoma and issued a statement of apology. Out-of-court negotiations procured a compensation settlement for Mr Law of an undisclosed figure; it encompassed the negligence of the NHS, any emotional trauma suffered by Mr Law on discovery of his illness and for the duration of his treatment.
Lynda Hamlyn, the Chief Executive of NHS Blood and Transplant, again apologised when the lymphoma cancer compensation claim was settled, asserting her hope that the settlement will help Mr Law fully recover after the unfortunate incident. Additionally, she stated that new procedures were being enforced to ensure against such a mistake ever happening again in the future, preventing such ordeals as Mr Law’s happening to other patients.
A second, similar case is still being resolved, with Gillian Smart, fifty-two of St Helens in Merseyside having also received a kidney from the same infected donor that Mr Law did.