A young man who was left brain damaged in childhood after a cerebral abscess went undiagnosed for six days has been awarded £580,000 in compensation.
The claimant was just nine when doctors failed to refer him for further investigations for debilitating headaches. It transpired he had a huge brain abscess that required four neurological procedures.
Due to the delayed diagnosis, the abscess damaged parts of the brain, resulting in vision, mobility and cognitive impairments.
He sought the help of medical lawyer, Matthew Brown, a director of Medical Solicitors, to make a medical negligence claim for his injuries.
Case summary
In February 2014, then aged nine, the claimant ‘C’ had been poorly for three days and was taken to his GP by his parents. He’d had a temperature and been complaining of a frontal headache that wouldn’t go away. He didn’t have any other symptoms, such as a sore throat, cough, rash or vomiting, but he did have enlarged glands in his neck.
The GP diagnosed C with a viral upper respiratory tract infection and prescribed a course of antibiotics.
However, C’s headaches got worse and became debilitating. He wasn’t responding to the antibiotics, so his parents took him to the Emergency Department a few days later. He had now had headaches for eight days, and they worsened during the night (between 1am-3am) leaving him unable to sleep.
On examination, C’s pupils reacted to light but one was bigger than the other. The pain in the front of his head continued, but he had no neck stiffness, his temperature was 37.8 and he his neurological condition was noted as normal. C was discharged and advised to finish the course of antibiotics, returning to his GP or A&E if things worsened.
C’s condition didn’t improve and, after being taken back to his GP, he returned to the Emergency Department six days after his initial visit. His Glasgow Coma Score (GCS) was 13/15, but while waiting to be seen he had a seizure. After this, his GCS fell to 10 and he had a positive Kernig’s sign – an indicator used for meningitis.
C was started on IV antibiotics and referred to the paediatric team for a CT scan. Here, an extensive right cerebral mass was seen, later deemed to be an intracranial abscess. He was transferred to a major trauma hospital for burr hole surgery to drain the abscess.
He had another seizure three days later and another CT scan showed a build-up of fluid, which required further drainage.
C was eventually discharged two months later, having spent his tenth birthday in hospital.
Due to the impact of the abscess on his brain, he has weakness in his left leg, hip and ankle. He has an in-turning left foot which will need orthotics and tendon rebalancing surgery.
He also has an impaired visual field due to optic disc pallor in both eyes, caused by damaged nerves.
The damage to his brain has also resulted in cognitive issues affecting his attention span, planning and thought flexibility. For his learning needs and risk of mental health conditions, he will need neuropsychological support throughout his life.
Litigation
A Letter of Claim was submitted in 2017 and in the Letter of Response the Defendant NHS Trust admitted breach of duty of care to refer C to the paediatric team on his first presentation at A&E.
However, they denied liability on the basis that a CT scan would probably have not been offered as his symptoms were consistent with a respiratory tract infection.
This was challenged and expert evidence exchanged , but an agreement couldn’t be reached at a round table meeting. A Schedule of Loss was submitted and a Counter-Schedule received. The matter settled for £580,000 at a second round table meeting in June 2024.
This included £90,000 general damages and £490,000 special damages for past and future financial losses.
