Simon, 40 years old, Nottingham

JMW has helped a man secure £300,000 compensation after negligent treatment caused significant kidney damage.

When Simon was 37 years old, he was diagnosed with ulcerative colitis. He was prescribed Mesalazine to control his symptoms and as this can occasionally cause kidney damage his renal function was checked every 6 months. Renal function tests up to 3 years after beginning treatment were within normal limits but the test taken in at 3 years and 6 months showed a slightly raised urea and creatinine. No action was taken.

A year later Simon underwent a colonoscopy to assess the extent of his ulcerative colitis, but his renal function was not checked despite the abnormal results from a year before.

Tests and referral

The following year Simon was seen again and renal function tests performed. They were grossly abnormal with urea and creatinine very high. He was then referred to a consultant nephrologist who diagnosed chronic end-stage renal failure and Simon commenced peritoneal dialysis and was placed on the waiting list for a kidney transplant. Simon underwent surgery however it is predicted that he will almost certainly have to revert to dialysis at about aged 63 as transplanted kidneys have a limited life span.

Negligence

For someone taking Mesalazine the British National Formulary (BNF) recommends checking renal function every 3 months for the first year, every 6 months for the next 4 years and annually thereafter because of the risk of serious renal toxicity.

JMW Solicitors alleged that the hospital was negligent in failing to take appropriate action in response to the abnormal renal function tests, such as discontinuing the Mesalazine and referring him to a nephrologist. If this had been done his renal failure would have been picked up at a stage where it was reversible and he would not have had to undergo renal dialysis or have transplant surgery.

Settlement

The hospital made a full admission that the treatment was negligent and Simon was awarded £300,000 compensation.