5-figure settlement for iron infusion claim
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Successful claim following post c-section iron infusion
Osbornes Law have reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim against an NHS Trust.
Background to the case
The Claimant, Mrs H, was prescribed iron tablets by her midwife during her pregnancy.
Following an emergency C-section she delivered a healthy baby but due to the level of blood loss during the operation, she was informed that she would need a blood or iron transfusion.
It was decided that Mrs H would have an iron infusion, and Mrs H was informed. Mrs H had asked the staff attending to her whether or not there would be any side effects and was told there were none.
Mrs H had a cannula put into her right arm in order to commence the iron infusion, but Mrs H felt terrible pain immediately. She informed the two midwives who were in the room with her, and the cannula was removed and then re-inserted into her left arm for the infusion to begin again. Once again, Mrs H felt terrible pain and informed the midwives that this was worse than before. She was dismissed by them and was told that she needed to have the infusion. Mrs H felt she had no choice but to sit through and wait for it to end. Mrs H cried throughout the process due to the intense pain she felt and the midwives would pause the transfusion when the pain was unbearable, and then resume it to continue.
Aftermath of the infusion
Shortly after the infusion, Mrs H noticed some discolouration in her left arm at the same site as the cannula insertion. She reported this to the midwife as she thought it was bruising, and the midwife said she would ask a doctor to review this. A different midwife drew a circle around the edge of the bruise to monitor the size.
The doctor reviewed Mrs H, advised her that she had suffered an allergic reaction, and prescribed antihistamines.
Diagnosis of tissue damage
The next day it was noted that the brown discolouration in Mrs H’s arm had spread and that Mrs H had suffered “Ferinject staining/extravasation into tissue.” Mrs H was advised that the stain would fade and was discharged from the hospital with advice to keep her arm out of the sun and uncertainty over the prognosis of the discolouration on her arm. Mrs H made efforts to obtain a dermatology referral and although laser was initially suggested as a possible option to improve the staining Mrs H was advised it may also not be successful and the use of skin camouflage clinic was suggested instead. Mrs H was left with a permanent iron stain across half of her upper left arm which extended into her forearm. Her arm was also tender at the site of the injury.
Claim Brought Against the NHS Trust
Mrs H brought a claim against the Defendant Trust for:
- Failing to obtain proper consent from Mrs H for the Ferinject intravenous iron infusion;
- Failing to use the correct technique in siting the cannula before commencing the procedure in both Mrs H’s arms;
- Failing to exercise caution to avoid leakage of iron into Mrs H’s arm;
- Failing to suspect and/or stop the client immediately in both arms once realising Mrs H had suffered an extravasation.
The Defendant Trust admitted liability and Osbornes are pleased to have achieved a 5-figure settlement for Mrs H.
Find out more about NHS Compensation Payouts.
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“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
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He also has a niche specialism in claims involving cauda equina syndrome.
Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.
Elline is always a pleasure to work with and always on top of complex cases.
Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.
Elline is a delightful to work with and super reliable; you know she'll do a perfect job.
She advises on spinal injury claims.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.
Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.
Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.
Jodi is an absolute star.
Hugh has particular strength handling issues of causation and informed consent.
Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.
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Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
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Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.
Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.
Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
Nicholas Leahy is a very impressive associate. He is sharp and gets to the crux of the case quickly.
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Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.
Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
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Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.
Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.
Jodi is passionate about what she does and is a good lawyer.
Jodi is very astute and compassionate.
Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.
Jodi Newton is knowledgeable and well regarded.
Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
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The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
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"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.
"She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."
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They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
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Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.
A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
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Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.
Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.
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Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
