Injury Compensation News

Recipient of Infected Kidney Settles Compensation Claim

May 13, 2014

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.


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Terminal Lung Cancer Incorrect Diagnosis Claim Resolved Out of Court

April 28, 2013

A family´s terminal lung cancer incorrect diagnosis claim has been resolved out of court following the death of Mr Frank Golby in February 2012.

Mr Golby, who was aged 65 at the time of his death, had been sent to Coventry University Hospital in May 2010 by his family doctor GP after complaining of a persistent cough and had a CT scan. The scan showed a 1cm-wide nodule in Frank´s left lung; however this was missed by his doctors, who diagnosed a chest infection.

The CT scan was never reviewed, despite Frank going back to the hospital on several more occasions complaining of breathing issues; but, in February 2012, a chest x-ray revealed that the lump had grown to five times its initial size. Repeated assurances that all was well – and that Frank would be home with his family in Whoberley within a few days – were found to be false, as Frank passed away the following day.

Frank´s family members filed a claim for the misdiagnosis of terminal lung cancer after seeking legal guidance, claiming that Frank would have lived for another ten years had the cancer been correctly identified when he had the original scan in 2010 when the condition was treatable.

University Hospitals Coventry and Warwickshire NHS Trust investigated Frank´s treatment and acknowledged that an error had been made. They hospital authority issued an apology to the family and the medical negligence claim was resolved out-of-court for an undisclosed five figure sum.


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Compensation for a Faulty DePuy Hip Replacement System Awarded in Court

March 22, 2013

A Californian jury has awarded a man compensation for a faulty DePuy hip replacement system amounting to $8.3 million after a hearing at the Los Angeles Superior Court.

Loren Kransky (65) from South Dakota made his claim for faulty DePuy hip replacement compensation after metal ions were found in his blood, caused by friction between the metal ball and socket of his ASR XL Acetabular hip replacement system.

Kransky, who also suffers from diabetes, heart disease and kidney cancer, had to undergo a replacement hip operation within three years of having his DePuy ASR hip replacement system originally implanted, and claimed in his action against DePuy that he had suffered bone and soft tissue damage due to the company´s “fraud and negligence”.

His claim for faulty DePuy hip replacement compensation was brought forward due to his terminal condition and solicitors acting on his behalf were able to demonstrate to the jury that “black pieces of metal [cobalt and chromium] flaked off the implant and caused a type of poisoning that could have killed him”.

Solicitors representing Johnson and Johnson – the parent company of DePuy – argued that there was no medical consensus of opinion concerning what levels of metal being released into the system caused harm to patients and contested the claim for faulty DePuy hip replacement compensation on the basis that Kransky´s pain and suffering was due to his pre-existing medical conditions.

Although the jury at Los Angeles Superior Court found that Johnson and Johnson had not acted with malice by marketing a product they knew to be defective – and thereby disqualifying Kransky from the punitive damages he had sought – they agreed that ASR XL Acetabular hip replacement system was defective and had caused an injury to Kransky, and awarded him compensation for a faulty DePuy hip replacement system of $8 million for his suffering and pain with a further award of $338,000 to cover his medical costs

Johnson and Johnson immediately announced their intention to appeal the award, as future cases will involve claimants who will have to live with the consequences of their faulty hip replacement system for longer. Consequently, more representative cases due to be heard in Ohio in May and July as part of the multi district litigation (MDL) action could result in significantly larger settlements of compensation for a faulty DePuy hip replacement.

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Class Action for Faulty DePuy Knee Implants Settled in Australia

December 24, 2012

The settlement of a class action for faulty DePuy knee implants has been approved by a judge in Australia´s Federal Court enabling compensation payments to get underway.

The DePuy class action suit was started in March 2010 by claimant Pamela Casey, who was just one of a number of individuals who had undergone revision surgery due to the failure of the DePuy LCS Duofix Femoral implant. There was a worldwide recall for the knee implant in July 2009 after higher than anticipated failure rates were seen in Australia – possibly due to Alumina particles within the implant creating pain and swelling in the area around the knee joint.

Under the terms set down within the settlement, DePuy are to pay A$30,000 to claimants who underwent one correction to the faulty knee implant but required no extra surgery. Claimants who were in need of two or more surgical procedures following the initial corrective surgery are to receive A$65,000, and claimants who have suffered complications or loss of amenity will have their claims for faulty DePuy knee replacements compensation assessed on an person-by-person basis.

After reviewing 430 inquiries into the proposed compensation settlement Justice Robert Buchanan approved the agreement, which had been struck in August in the Pamela Joan Casey v. DePuy International Ltd class action lead case. The Judge stated in his summing up that none of the few complaints he received gave reason not to go ahead approve the settlement of compensation for faulty DePuy knee implants.


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Pandemrix Injury Compensation Payments Start in Finland

March 16, 2012

Authorities in Finland have started making payments of Pandemrix injury compensation to victims who developed narcolepsy during swine flu vaccination programs in 2009 and 2010.

A fund of 30 million Euros has been set up to pay for medical treatment for 94 people so far identified as contracting the sleeping disorder, following research by Finland´s Institute for Health and Welfare which indicated that that children given the drug Pandemrix were nine times more at risk of developing narcolepsy than those who were not administered the swine flu vaccine.

Narcolepsy is a life-long condition which can be passed genetically to future generations, and Kari Valimaki – the Finnish Permanent Secretary at the Ministry of Social Affairs and Health – has already admitted that the Pandemrix compensation fund may not be sufficient to meet future demand as nobody is sure how many personal injury compensation claims for Pandemrix side effects will be made in the future.

The Finnish research has since been trinforced by the Swedish Medical Products Agency and the European Medicines Agency, although no other countries have yet announced Pandemrix compensation payments to any of the victims diagnosed with narcolepsy or their families.

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Wrongful Death Injury Compensation Claim Admitted By Hospital

February 23, 2012

The family of a man who died in hospital due to “an unjustifiable delay” in his treatment have received an apology from the hospital in question and £400,000 award in settlement of their wrongful death injury compensation claim.

Barry Murphy, aged 38, was known to suffer from Crohn´s Disease – but was generally in good health – when he was admitted to the Hospital on the morning of 24th April 2008 complaining of abdominal pains. Barry was diagnosed as having a perforated bowl but, by the time the hospital operated on him, parts of his body had already shut down due to septic shock and he died at 11.15pm that evening.

His widow, Mary, claimed that the hospital had not cared for her husband by failing to operate on him in time, and that they were guilty of medical negligence in the wrongful death of her husband. The Hospital initially argued the claims, but in front of Mr Justice John Quirke at the High Court apologised to the family and admitted that the level of care that was provided for Barry fell short of an acceptable standard.

The apology and admission of liability for Mary Murphy´s wrongful death compensation claim was accompanied with an offer of compensation for delayed treatment amounting to £400,000. Mr Justice John Quirke approved the award, once he had Mary Murphy´s agreement that it was acceptable, and extended his sympathies to Mary and her two daughters – commenting that what had happened to Barry was “unthinkable” and “tragic”.

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