Elizabeth Francis settles mesh claim for over £500,000
Elizabeth Francis settles clinical negligence mesh claim.
Elizabeth Francis, instructed by Thompsons (Nottingham), acted on behalf of a claimant who pursued a claim in clinical negligence alleging that the defendant, a hospital trust, had wrongly implanted a Trans-Obturator Tape (TOT) in 2013. Her case was that she had not had the opportunity to have treatment for her stress incontinence by way of physiotherapy, and was not properly consented for the TOT procedure.
The TOT caused the Claimant to suffer from pain, urinary urgency, urge incontinence and dyspareunia, and she underwent 3 further surgical procedures (in the UK and USA) to remove the tape. The Claimant also developed PTSD and several immunological conditions following the implantation of the TOT, including Mimic Systemic Scleroderma, Raynaud’s syndrome, Mast Cell Activation syndrome and chronic fatigue. The Claimant’s quality of life and earning capacity were significantly affected and she required further treatment.
Evidence was obtained from experts in gynaecology, haematology, pain management and psychiatry.
The Defendant admitted breach of duty but causation remained in dispute, particularly in respect of the immunological disorders. The case concluded at a Joint Settlement Meeting by way of an agreement to pay a lump sum in damages, shortly before joint statement stage.