A man who was medically discharged from the RAF due to nerve damage sustained following a hip replacement was awarded £195,000 in compensation.
The man, who was 51 at the time of injury, has permanent foot drop requiring a fixed splint, struggles with walking and driving, has a constant ache in his buttocks, and will need to use a stairlift before he’s 70. He will also need two more hip replacements in the future, of which he’s at increased risk of infection and dislocation due to the nerve damage.
He sought the help of specialist solicitor Christine Brown, director of Medical Solicitors, to bring a medical negligence claim against the defendant NHS trust.
Case summary
The claimant ‘C’ had a long history of osteoarthritis in his hips and underwent a cementless hip replacement to his right hip in February 2015, aged 51. His post-operative obs were fine: neurovascular intact, pinkish limbs and able to wiggle his toes.
However, the following day, at a physiotherapy assessment, C’s right foot was numb and he couldn’t move it. He was reviewed by the surgeon from the foot of his hospital bed.
When asked to move his feet, C could point his toes down so no further examination was made and no note to review again. Most significantly, the surgeon didn’t examine C for a haematoma (build-up of blood).
By day two, C couldn’t raise his toes or rotate his right foot. The surgeon then realised that there could be a neurological problem, so ordered a foot drop splint. C also had significant bruising, limb swelling and wound bleeding – all signs of a haematoma.
After being discharged, C’s symptoms didn’t improve. He suffered nerve pain which got gradually worse and experienced electric shocks in his ankle and toes. He also dislocated his hip twice which needed surgery to put back into place.
During investigations, it was found that the sciatic nerve had been damaged; it was stuck to the back of the hip socket. After 18 months of pain, C had neurolysis (surgery) to free up the trapped nerve. He had substantial improvement in pain after surgery but still had foot drop.
He also developed a clunking sensation in his hip. He was told that the socket component of the hip replacement may be in the wrong position but further surgery was not advised.
Litigation
C alleged that the surgeon who reviewed him from the foot of the hospital bed failed to act on his post-operative symptoms. There was no detailed neurological examination or ultrasound scan to look for haematoma.
Had this been done, a large haematoma would have been found pressing on the sciatic nerve and C would have had emergency surgery to remove it. He’d have likely made a full recovery and avoided dislocations, pain and restricted walking.
The case settled in June 2020 for £195,000 which included £65,000 general damages and £130,000 special damages including past and future loss of his RAF pension, and future costs of care, orthotics, private hip revision surgery, and stairlift.
