Marc Willems KC and Jennifer Dickinson have successfully settled a complex clinical negligence claim for £6.5M. The case involved negligent medical treatment received between March and April 2016 at the Defendant Trusts. The Claimant, then aged 59 years, suffered a devastating lesion of her spinal cord at T6 level. Following expert neurology evidence, the Defendants admitted that there was a failure to diagnose and treat a myelitis in the spine causing neurological deficit and injury.

The Defendants did not admit causation and argued that the Claimant’s outcome, condition and prognosis would have been no better absent their breach of duty. Following a Joint Settlement Meeting in October 2024, the parties agreed to settle causation on a 75% basis that, but for the breach of duty, the Claimant would have made an effective recovery with no needs. Accordingly, the Claimant would receive 75% of the full value of the claim. 

The Claimant suffered paralysis of the body below the lower part of the chest wall right down to the toes, in effect she was totally unable to use her legs. She was incontinent of bladder and bowel and confined to a wheelchair for mobility. She suffered considerable pain, associated with burning sensations, and violent spasms.

The Claimant was a remarkable individual who had persevered through considerable disabilities and pain. The question of quantum turned upon life expectancy and the requirement for 2 to 1 care due to the difficulty and risk of transfers in addition to costings for a new suitably adapted house and a domiciliary hydrotherapy pool. At Joint Settlement Meeting in July 2025, the parties were unable to come to terms, largely due to the differences in the neurologists’ opinions on life expectancy. At the Pre-Trial Review, the Claimant’s legal team successfully defeated a late application by the Defendants to rely upon new expert evidence as to life expectancy from a Consultant Physician. Her Honour Judge Evans found that all factors came down against allowing the application. 

Marc and Jen extend their gratitude to Jonathan Abram of PHH Solicitors for his instruction, hard work and thorough preparation in this significant matter. In close collaboration, the Claimant’s legal team were able to secure the generous settlement for the now-68 year old Claimant less than 3 weeks prior to trial.