Clinical Negligence Claim Settled for £465,000 Following Development of Complex Regional Pain Syndrome

Lyubov Nikolchova and Alex Brown recently secured a £465,000 compensation following a complex clinical negligence claim against an NHS Trust for negligent administering of injections, which led to the development of Complex Regional Pain Syndrome (CRPS).

The case involved highly contested issues of liability, causation, informed consent and orthopaedic treatment spanning several years. Despite an initial complete denial of liability by the Defendant Trust, the claim was successfully resolved following extensive investigations, expert evidence and detailed negotiations.

Background

Our client had a long history of treatment for De Quervain's tenosynovitis affecting his right wrist. He had received a number of steroid injections over several years and had ultimately been referred for tendon release surgery after conservative treatment failed to provide lasting relief.

During an appointment in 2020, his treating physician concluded that our client was instead suffering from bilateral carpal tunnel syndrome. Steroid injections were administered into both wrists the same day, despite our client maintaining that he had never experienced symptoms in his left wrist and despite an earlier clinician having ruled out carpal tunnel syndrome as the cause of his symptoms.

Almost immediately after the injections, our client developed significant symptoms including burning pain, numbness, tingling and sensory disturbance affecting both hands. He subsequently went on to develop CRPS, a chronic pain condition which has had a profound impact upon his daily life, employment and future prospects.

Liability

The Defendant Trust initially denied liability, owing any issues to lack of documentation rather than negligent treatment. The Defendant maintained that the diagnosis and treatment decisions were reasonable, that appropriate information had been provided to the Claimant and that the steroid injections were both a diagnostic and therapeutic option open to the treating clinicians. The Defendant further denied that additional investigations were required before treatment was administered.

Given the complexity of the medical issues involved, detailed investigations were undertaken into the chronology of treatment, the clinical reasoning behind the diagnosis, the consent process, and the relationship between the injections and the onset of CRPS. We obtained supportive evidence from orthopaedic surgeon and pain management consultant, whose evidence was carefully tested with our client’s barrister.

Expert evidence concluded that our client's condition was unlikely to significantly improve and that ongoing treatment and support would be required.

A Significant Turning Point

Following further investigations, we served a Letter of Challenge, after which the Defendant Trust revised its position, admitting partial breach of duty and accepting that, on the balance of probabilities, the bilateral steroid injections had caused our client to develop CRPS.

This represented a major development in the case and allowed the parties to focus on the value of the claim rather than continuing to contest liability alone.

Settlement

Following the service of expert evidence and detailed negotiations, the parties engaged in a series of settlement discussions.

After a series of offers, the matter settled for £465,000, avoiding the need for contested court proceedings.

The settlement provides our client with important financial security and recognition of the significant impact that CRPS has had upon his life.

Conclusion

This case demonstrates the importance of obtaining specialist legal and expert support in complex clinical negligence claims. Even where liability is strongly disputed, careful investigation and robust expert analysis can lead to a successful outcome.

The claim required extensive work across multiple medical disciplines, detailed analysis of complex causation issues and persistent negotiation before a settlement could be achieved.

Our client was represented by Shahram Sharghy of 1 Crown Office Row Chambers.

Contact Dean Wilson LLP

If you or a loved one has suffered injury as a result of negligent medical treatment, our specialist Clinical Negligence Team may be able to help. We are experienced in investigating complex claims and supporting clients through every stage of the legal process.

To discuss your situation with a member of the team, please contact us on 01273 032328 or email enquiries@deanwilson.co.uk.