This was a nerve injury case which went to trial. The Claimant was awarded £94,386 which was made up of PSLA (£16,000), past loss of earnings (£32,500), future loss of earnings (£40,000), miscellaneous (£675) and interest of £5,211.
Peter was 17 and studying for his ‘A’ levels when he had a sudden onset of stomach pain. His mother took him to an out-of-hours GP surgery where a diagnosis of suspected appendicitis was made. Peter was in pain so the GP gave him a pain relieving injection into his left thigh. He was then taken to hospital and had surgery to remove his appendix.
When he recovered from his surgery he discovered that he had numbness in his left leg just below the knee and into the foot – a “drop foot” injury. This usually occurs when there is some damage to the peroneal nerve which runs all the way down the leg. The only time when this could have happened was when the GP gave him the pain killing injection into his thigh.
He and his mother were not going to do anything about this until they were advised by the Neurologist at hospital that they should go see a Solicitor. In cross-examination the Neurologist denied this.
Peter brought a claim against the GP who gave him the injection, alleging that the needle was inserted into the incorrect area, namely into the peroneal nerve, and this caused his disability. The case was defended throughout and went for a 5 day trial in Middlesbrough County Court with 2 experts on each side. Only £16,000 of the sum he was awarded was for pain and suffering for the injury, the rest was for past and future loss of earnings. Peter had hoped to go into a career with the Forestry Commission but that was not possible as he was now unable to move effectively on uneven ground.
Hilton Armstrong – June 2014