A man in his 40s was awarded £825,000 in compensation after he suffered two major strokes following treatment with an osteopath.
He was left with permanent brain damage and had to give up his successful business due to his injuries.
The claimant ‘C’ sought the advice of specialist clinical negligence lawyer Caroline Moore to bring a compensation claim against the private osteopathy clinic.
About the case
In 2017, C went to the osteopath with hand pain and reduced neck movements. Osteopathy is a hands-on treatment to reduce swelling and pain and improve movement in the spine, joints and muscles. It is generally regarded as safe, but in rare cases there can be serious complications such as stroke, as in the case of our client.
The osteopath performed a high velocity thrust (HVT) on C’s neck. HVT is the ‘click’ that most people associate with osteopathy. It can be a quick way to restore movement but is not the be-all and end-all – and it is not suitable for all patients.
Afterwards, C had severe headaches and pain on both sides of his neck that wouldn’t go away with strong painkillers. He also developed dizziness and visual disturbances.
He phoned the osteopathy clinic to explain his symptoms and was told by the receptionist that there were no immediate appointments and to phone back the following week.
His symptoms continued and C saw his GP a week after his osteopathy visit about a hand issue but also mentioned the neck pain. Ten days after his initial visit, he had another appointment with the osteopath where he explained his symptoms: headaches, neck pain, dizziness, nausea, visual and audio disturbances and loss of balance. All symptoms of stroke. However, the osteopath proceeded to manipulate C’s neck again.
C continued to experience headaches, neck pain and dizzy spells for the next seven days, after which he was admitted to hospital where he stayed for a week. He had two major ischemic cerebellar strokes in two consecutive days. A cerebellar stroke is a rare type of stroke seen in between one and four percent of all stroke cases. It affects the cerebellum, an area at the back of the brain responsible for co-ordinating movement and balance.
C now has permanent brain damage and his physical and mental recovery has plateaued to the point where further progress is unlikely. He suffers with chronic headaches at times, fatigue, unsteadiness, blurred vision, sensory disturbances and depression.
Due to the fatigue, he can only work part-time and has had to sell his successful online business. It is likely that he will need to retire early.
Litigation
The defendant denied breach of duty as well as causation throughout the claim. Caroline gathered evidence from experts in osteopathy, neurology, vascular surgery, and neuro-radiology. However, the defendants ultimately chose not to serve evidence in osteopathy.
The case was listed for trial in June 2023 but settled out of court in April 2023 for £825,000.
A breakdown of compensation was given as £50,000 general damages for C’s pain and suffering, plus £735,000 special damages for his financial losses, including having to give up work.
