§ PUBLISHED JUDGMENT · 2020

Chocken v Oxford University Hospitals NHS Foundation Trust

[2020] EWHC 3269 (QB)·High Court (Queen's Bench Division), on appeal from a detailed costs assessment·2 December 2020

After a 10-hour facial reconstruction the claimant developed compartment syndrome in both legs in intensive care and was left with permanent damage; the trust settled 70 days before trial for a £2.85 million lump sum plus annual payments of £48,000 rising to £85,000. This later judgment dealt only with the lawyers' success fee and dismissed the claimant's appeal on that point.

Outcome

Claimant succeeded

Sum stated in judgment

£2,850,000

Claim type

Orthopaedic Negligence

Decided

Appeal decision

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Oxford University Hospitals NHS Foundation Trust · this trust’s claims data

Injury: Compartment syndrome in both legs after a 10-hour facial reconstruction operation in February 2012, thought to be linked to leg pressure cuffs in intensive care; fasciotomies from knee to ankle and permanent nerve and muscle damage including foot drop

Specialty: Post-operative / intensive care following craniofacial surgery · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“70 days before the 12-day High Court trial was listed to commence, settlement was reached in the sum of £2,850,000 lump sum, plus periodical payments of £48,000.00 per annum rising to £85,000.00 per annum.”

The money

Settlement of the underlying clinical negligence claim recorded at [11]: £2,850,000 lump sum plus periodical payments of £48,000 per annum rising to £85,000 per annum. This judgment is the claimant's appeal about his solicitors' success fee, which was dismissed at [59]; the settlement sum was not in dispute.

§ WHY IT MATTERS

What this case shows.

Compartment syndrome arising from post-operative monitoring failures can attract multi-million-pound settlements with periodical payments for lifelong care, although this figure comes from a costs judgment rather than a damages judgment.

About orthopaedic negligence claims →

§ MORE ORTHOPAEDIC NEGLIGENCE JUDGMENTS

Claimant succeeded£4.68M

Matthew Riley v Salford Royal NHS Foundation Trust

[2022] EWHC 2417 (KB)·2022·Damages assessed at trial

A 20-year-old motorcyclist with leg fractures developed compartment syndrome which the trust admitted it treated too late, so his right leg had to be amputated below the knee. Liability was admitted and the court assessed damages at £4,676,442 covering lifelong prosthetics, care, adapted housing and lost earnings.

Where a hospital admits that quicker treatment of compartment syndrome would have saved a limb, the case becomes about valuing lifelong needs, and prosthetics, accommodation and care can each run to six or seven figures for a young claimant.

All orthopaedic negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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