Tees secured a £750,000 settlement for a client whose knee replacement surgery was performed negligently.
Our client [E] had total knee replacement (TKR) surgery in March 2011. Unfortunately, surgical error resulted in his knee and foot becoming misaligned. As a result of the surgery, E could turn his right foot 180-degrees so that it pointed directly behind him. To correct the malrotation, E went through two painful revision knee replacement operations. He now suffers from chronic pain in his back and leg, and cannot walk long distances. The pain left him unable to work, and he retired from a much-loved career operating military drones.
E contacted Tees Law about making a claim against the NHS Trust responsible for his knee surgery. Our expert team of Medical Negligence solicitors took his case on a ‘no win, no fee’ basis.
Between 2012 and 2016, our team reviewed E's medical records, obtained evidence from an expert Orthopaedic Surgeon and obtained drafted various witness statements from E's friends and family to support his claim. The Trust declined to send any statements or expert evidence in return, and refused to admit responsibility for E's injuries until April 2016. Even after admitting responsibility, the Trust continued to dispute the value of the claim. In September 2016, just two weeks before trial, the Trust accepted our settlement offer.
The settlement will allow E to buy and adapt a bungalow. Due to the chronic pain in his leg, it is difficult for him to climb stairs and we are confident that the move to a single-storey property will have a very positive impact on E's quality of life. Our specialist financial advisers provided E with independent financial advice, to ensure that the substantial settlement will continue to support him.
“This was hard fought and complex litigation in which the Trust accepted responsibility for the damage extremely late,” says Adam Copeland, Senior Associate. “In the end, the defence proved to be without foundation and I was delighted that E received full compensation for his injuries with the opportunity to come back to court if he requires further surgery such as an amputation or fusion in the future.” Adam has worked in the field of medical negligence since qualifying as a solicitor, and is a specialist in orthopaedic claims such as this.
“We can’t thank you enough for your efforts in this marathon operation. The meeting went very well with financial adviser Neil Matten and we want to pursue some of the suggestions proposed so we are going to be with Tees for some time to come,” said E, following the news that the settlement was accepted.