‘Billy,’ 25

Billy has cerebral palsy and, when he was a child, he developed a severe curvature of his spine known as scoliosis, a common occurrence for people with cerebral palsy. Billy required spinal surgery to correct some of the curvature and prevent it from getting worse. However, mistakes were made by the surgical team that caused him to become paralysed from the chest down, with severe bowel and bladder dysfunction, and in need of more intense care. Nothing could make up for this, but after a successful medical negligence case by JMW partner Angharad Hughes, Billy was awarded £1.6 million in compensation to help him to afford the extra care and equipment he now requires.

What went wrong?

Billy developed cerebral palsy when he was a newborn baby after suffering a bleed on his brain. Billy’s cerebral palsy meant that he couldn’t walk independently but he was able to stand with the support of a frame, and could also sit in his wheelchair and go out and about and enjoy various activities. This included using swimming pools to exercise his body, after school activities, such as wheelchair football, and sensory experiences such as spending time in a ball pit. Billy’s family was pleased that they could provide a fulfilling life for him despite the challenges that his cerebral palsy created.

When Billy was about 13 and growing rapidly, his teachers, GP and physiotherapist noticed that he was meaning over to one side and his ribs were protruding outwards. Billy was also in pain and uncomfortable.

The medical team with overall responsibility for Billy’s care had been monitoring his scoliosis and, after carrying out an MRI scan of his spine, put him on the waiting list for surgery. It was a lengthy wait before a final date for the surgery was agreed but when the day came everyone was relieved that it was finally going ahead.

Spinal surgery can be risky, which is why safety procedures must be adhered to so that the health of the nerves in the spinal cord is protected and their function is preserved. This standard safety netting includes the correct assessments being carried out before the operation, and appropriate monitoring of the spinal cord nerves during the operation. By following these protocols, surgeons can limit the risk of something going wrong and can also take action at the first sign that any of the spinal cord nerves are at risk of damage.

Sadly, for Billy, neither of these two critical issues were addressed, so when the oxygen supply to his spinal cord became compromised during the operation, nothing was done to rectify it. Furthermore, Billy’s post operative care was poor, and the combination of these failures caused him to suffer a spinal cord injury that resulted in him being paralysed from the waist down.

JMW’s investigation

After Billy’s family was put in touch with JMW’s specialist medical negligence team, their solicitor Angharad, who deals exclusively with brain and spinal injury cases, launched a thorough investigation.

Angharad suspected that something had gone badly wrong during the surgery for Billy to have suffered such a severe injury and deterioration and set about gathering evidence to confirm this. Using her network of independent medical experts, Angharad was able to instruct leading clinicians working within the spinal surgery sphere. The experts looked at the issues identified by Angharad and prepared reports that confirmed that the management of the surgery had indeed been negligent.

Using this evidence, a strong case was built against the medical care providers responsible, and although they did not formally admit their mistakes, Angharad was able to push forward with discussions about the compensation Billy needed.

Spinal injury compensation awarded

On the strength of the evidence that Angharad obtained it was agreed that Billy should be compensated. His care needs were now more significant, and he requires carers on hand at all times including at night due to his paralysis. Billy is now unable to leave his bed and mobilise and needs to be repositioned every two hours to prevent him from sustaining pressure sores. He also needs regular catheterisation to empty his bladder and as a result suffers frequent urinary tract infections. Whilst previously Billy ate naturally, his paralysis means he now must be fed via a tube.

To support Billy and his family with all of these difficulties, Angharad was able to negotiate a compensation settlement of £1.6 million. This has allowed Billy to access additional specialist care to what he was already receiving from his local authority to help his family to keep him safe in the face of the many challenges he lives with.

Angharad Hughes, a partner at JMW specialising in spinal injuries caused by medical errors, said: “This is a heart-breaking case as Billy was already living with severely reduced independence due to his cerebral palsy. His health and quality of life has deteriorated significantly due to completely avoidable failures. I am pleased to have been able to offer some hope to his family with this compensation settlement.”