Medical Personal Injury Claim

Saviour John Agius V Wirral Hospitals NHS Trust (2004)

Out of Court Settlement 10/6/2004

The claimant, a 63-year-old man, received £12,500 for the injuries to his right testis sustained following an open hernia operation in August 2001. The claimant suffered from chronic groin pain and lower torso bruising as a result of his condition.

Claimant: Male: 60 years old at date of accident; 63 years old at date of settlement.
Clinical Negligence: In 2001, the claimant was referred by his GP to the defendant's hospital with a recurrent right and left inguinal hernia. After examination, the claimant was placed on the waiting list for an open mesh repair to his hernia. On 9 August 2001, the operation was performed, during which the claimant's cord blood vessels were damaged.

The claimant sustained injury and brought an action against the defendant alleging that it was negligent in:

(i) failing to properly advise him, pre-operatively, regarding the risk of further recurrence of the hernia, chronic groin pain, haematoma, rehabilitation and possible complications;

(ii) wrongly advising him in relation to the type of operation; and

(iii) failing to carry out a laparascopic repair because the incidence of complications on re-do open surgery for recurrent hernia repair was higher with an open operation.

The claimant alleged that had he been advised of the risk of each procedure he would have chosen laparoscopic repair and on the balance of probabilities it would have been unlikely that the complications occurred and he would have subsequently made a more rapid and less painful recovery.

Liability disputed.

Injuries:The claimant suffered from lower torso bruising and scrotal swelling following the surgery.
Effects:Following the operation, the claimant attended the defendant's hospital on two occasions and was prescribed antibiotics. Ultrasound investigations were also carried out and the claimant attended three out-patient appointments where he was informed that it would take three-to-four months for his scrotal swelling to reduce.

The claimant was reviewed on 27 November 2001 and it was confirmed that he had an atrophied right testis due to thrombosis, surgery or scar tissue occluding the vascular supply in his spermatic cord. The claimant was advised that a right orchidectomy was required, however following his review, the claimant moved abroad and was advised not to undergo the procedure.

The claimant's risk of developing an atrophied testis with a recurrent hernia following a laparoscopic repair was 0.1 per cent, 50 times lower than the risk associated with an open operation, which was five per cent.

Prognosis: It was believed that the claimant had a one-to-five per cent risk of further recurrence of a hernia and an increased risk of nerve damage with chronic groin pain, bruising, haematoma and cord damage. The claimant's right testis would remained shrivelled and atrophied with no sensation and his right cord was thickened, palpable and stiff.
Out of Court Settlement: £12,500 total damages.

Background to damages: The case was settled on a global basis with no particular breakdown of damages. However the following breakdown was estimated by the claimant's solicitors:

Breakdown of General Damages: Pain, suffering and loss of amenity: £10,000-12,000; Future orchidectomy costs: £700.