Stroke Victim, Aged 75, Receives £425,000 in Damages
A 75-year-old man who suffered a devastating stroke whilst returning home from a holiday in Cornwall will enjoy a more comfortable and secure future after a six-figure settlement of his clinical negligence claim was negotiated.
The vigorous pensioner, who still worked as a refrigeration engineer, was holidaying with his wife when he suffered a transient ischaemic attack followed by a relatively minor stroke. After each of those events, he was seen and treated in hospital prior to discharge. Whilst on his way home to the north of England, he suffered a further, catastrophic stroke and was a hospital inpatient for four weeks.
Together with severe weakness down the right side of his body, he suffers from cognitive impairment that was either caused by the stroke or by a combination of the stroke and the accelerated onset of dementia. He spends much of his time sleeping and lacks the mental capacity to make important decisions for himself.
After a clinical negligence claim was launched on his behalf, it was asserted that, had medical staff in Cornwall referred him to a specialist clinic for treatment with anticoagulant drugs, he would not have suffered either stroke. The NHS trust that managed the relevant hospital denied that there had been any breach of duty but, following negotiations, agreed to settle his claim for a lump sum of £425,000.
Approving the settlement, the High Court found that it represented an appropriate outcome in the light of litigation risks. It also agreed that £100,000 of the settlement total should be paid to the man's wife in recognition of all that she had done for him. At great personal sacrifice, she had provided him with wonderful support and he was very lucky to have her. Overall, the settlement will provide the couple with some security and enable them to lead as happy and comfortable lives as possible.
The path to settlement was eased by the fact that, prior to his stroke and when in possession of all his mental faculties, the man had the foresight to register a lasting power of attorney in his wife's favour. The settlement sum could thus be managed by her for his benefit without the need to incur the expense of Court of Protection involvement or the appointment of a professional deputy.