Our client, D, sustained multiple amputations as a toddler due to a hospital’s failure to recognise the signs of toxic shock syndrome. Following early admissions of liability by the defendant, significant interim payments over the following years have allowed D and his family to access the support they need to ensure his ongoing needs are met until his long-term prognosis can be determined. 

Clinical Negligence partner Amy Heath acts for D and reviews his case here.

D’s injuries

When D was 17 months old, he scalded himself by knocking over a hot cup of tea. His parents took him to hospital and the scalds were treated appropriately. However, over the following days, D became unwell. At a review appointment at hospital, his parents were reassured that he had a viral illness unrelated to the scald.

When the family returned home from the appointment, D continued to feel unwell. He had diarrhoea, would not eat or drink and appeared lethargic. He was taken to A&E where he was monitored and then discharged with a diagnosis of gastroenteritis.

D worsened, and the following evening, D’s mother noticed that the skin on his legs was turning purple. D’s parents contacted their local out of hours service and were advised to take him to hospital. D deteriorated on the way to hospital, and by the time he arrived, he required resuscitation and was intubated and transferred to the nearest Paediatric Intensive Care Unit.

Following his transfer, it was confirmed that D had a staphylococcus infection. He was treated with antibiotics and immunoglobulins, but irreversible damage had been caused to all four limbs.

D underwent a below-knee amputation of the left leg, and multiple fingers were also amputated. There was also damage to the growth plates in D’s limbs, which the family were advised could lead to future problems.

Litigation and interim payments

Stewarts was able to obtain early admissions of liability before proceedings were issued. At that stage, the expert evidence advised that D’s long-term prognosis could not be determined until he reached skeletal maturity at the age of 16, as it was only then that the impact of the growth plate damage would be known. D is now 16. Since his injury, he has developed a deformity in his right ankle, which has required multiple surgeries, and a deformity in his right elbow, which reduces his arm function and causes pain.

While the claim has been stayed, interim payments totalling £2.9m have been obtained. A suitable property has been purchased for D, and adaptations to the property have recently been carried out to allow for D’s increasing desire for independence as he gets older.

D has also been able to access private prosthetic provision, equipment, case management support and regular therapies.

Given D’s age, private tutoring has been essential for D given the time he has missed as a result of appointments and hospital admissions for operations. With that support and D’s hard work, he has achieved fantastic results in his recent GCSEs and began his A-Levels in September.

Testimonial from D’s mother

D’s mother says: “From the first meeting with Amy Heath nearly 15 years ago, Stewarts has changed the future for my son. The interim payments they have secured for us throughout this time have made many things possible.

“These include, to name a few, the purchase and adaptation of a property to meet his ongoing and long-term needs for independence and care, and a vast list of mobility equipment, including a WAV, all-terrain wheelchairs, an electric bike, carbon fibre crutches and private prosthetics from a very young age, which were beneficial in many ways, including accommodating his ongoing growth.

“Being able to access private medical treatment meant that we could liaise with the consultant for dates of surgery to cause less disruption to his schooling, among other benefits. Enlisting a private occupational therapist and physiotherapist has enabled treatments to happen in the comfort of our own home, which has been invaluable for my son and the whole family.

“All of these would not have been possible without the interim payments received.”

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