MBLLF secures damages of €50,000 for right arm nerve damage where liability was strongly disputed
Michael Boylan Litigation secured a mediated settlement for an 82 year old woman in the sum of €50,000 plus costs for substandard performance of a venesection procedure and substandard aftercare provided during her admission at a private city hospital. The settlement was achieved notwithstanding that the Defendants strongly disputed liability.
Our Client was caused to sustain a significant injury to her brachial artery and median nerve in her right arm, resulting in a brachial pseudoaneurysm injury which required urgent surgical repair and she sustained permanent nerve damage.
Our experts concluded that the doctor had difficulty in identifying a suitable vein for cannulation and it appeared as though the antecubital fossa was probed with a large, sharp needled and a result damages the wall of the brachial artery. The damage to the wall of the artery led to a pseudo aneurysm.
Arterial damage is a recognised complication of venesection procedures. However, a difficult venesection attempt (which was the case) should alert the doctor to the possibility of arterial damage and if such a complication is suspected it is imperative that immediate action is taken. Unfortunately, in our Client’s case she was discharged home with no investigations or adequate examinations having taken place.
Our Client began to feel extremely unwell and developed early features of haemorrhagic shock. She was readmitted to the Accident and Emergency Department and required urgent surgical repair.
It was our Client’s case that but for the breach of duty in attempting to perform the initial arterial puncture, she would not have suffered the arterial damage that required surgical repair and she would not now be suffering from permanent nerve damage.
Proceedings were issued on the 21st July 2020. Given the Client was in her 80’s, we made a successful application to have the case, case managed by the Court and a trial date was secured for 21st July 2021.
Our Client’s case was ultimately successfully concluded on foot of mediation talks in Jun 2021 and we secured damages of €50,000 plus her High Court costs. The settlement achieved reflected the litigation risks given liability was in issue