Multi-Million £ Settlement Following Undiagnosed Spinal Fracture

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Hugh Johnson, Head of Medical Negligence at Osbornes Law, secured a multi-million pound settlement for Rose, a 63-year-old retired social worker, after her local hospital failed to diagnose serious spinal fractures, leaving her paralysed.

Background

In September 2021, Rose fell down a flight of stairs. Although she had fallen heavily, Rose had thought that she had avoided any serious injury. However, Rose did not improve, so she sought medical attention. Around 2 days after the fall, a CT scan was undertaken of Rose’s whole spine, which was reported to be normal. In the days that followed, Rose lost the ability to walk and became completely paraplegic. She subsequently underwent spinal surgery, but made no physical improvement. Her treating surgeon advised her to take legal advice.

Expert evidence

At the point of Hugh’s instruction, Rose had been discharged from a specialist rehabilitation centre to her home, which was unsuitable for her needs. Rose lived in a period cottage, which could not be adapted for her needs; a number of rooms were too small for a wheelchair and she had no access to the upstairs or to a bathroom. It was clear that Rose had an urgent need for an interim damages payment.

Hugh instructed a radiologist to review the original scans, which revealed that 5 separate fractures had been missed. Neurosurgical expert evidence was then obtained. The expert confirmed that had the scan been correctly reported the multiple fractures, Rose’s treatment would have been different. She would have undergone surgery before losing the ability to walk and would have made a complete recovery. On the strength of that evidence, Hugh secured early admissions of fault and requested interim damages, before securing a Court Judgment.

Supporting Rose’s rehabilitation

During the course of Rose’s claim, Hugh secured £700,000 by way of interim damages payments. This meant that Rose was able to commence specialist physiotherapy, to receive psychological support and to buy more hours of care than the NHS could provide to her in the community. A specialist property finding team were retained to locate a suitable property that Rose could rent and adapt for her injury needs.

Settlement expected to be £6.2 million

In March 2025, the Claimant and Defendant teams met to negotiate settlement terms, shortly before trial. An agreement was reached for Rose’s damages to be paid in part as a periodical payment. This means that she will always be able to meet the costs of her care for the rest of her life. The capitalised total value of the award, is expected to be £6.2 million.

Rose will continue to live long-term in her rental accommodation while she is able to meet the costs of her preferred care team. She has recently purchased a new wheelchair accessible vehicle. A case manager has coordinated all care and accommodation arrangements, so that in August 2025 Rose can take her first holiday since her injury.

How can we help?

Thanks to Hugh Johnson’s meticulous approach and unwavering advocacy, Rose secured a life-changing compensation and the support she needed to rebuild her life. At Osbornes, we pride ourselves on standing by our clients through the most challenging times, delivering results that truly make a difference. If you or a loved one has suffered due to medical negligence, don’t wait to seek expert legal advice. Hugh Johnson and the Medical Negligence team at Osbornes Law are here to fight for the justice and support you deserve. Contact us by:

  • Filling in our online enquiry form; or
  • Calling us on 020 7485 8811

*The Claimant’s name has been changed in this article to protect client confidentiality

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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.”

  • “Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”

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    • Hugh's technical knowledge is superb.

      Chambers UK 2025

    • He is excellent with very complex cases and their nuances.

      Chambers UK 2025

    • I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.

      Chambers UK 2025

    • He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.

      Chambers UK 2025

    • Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.

      Chambers UK 2025

    • Osbornes are always professional and diligent in respect of their clients.

      Chambers 2025

    • Osbornes has an excellent depth of experience across the team.

      Chambers 2025

    • Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.

      Chambers 2025

    • 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.

      Legal 500 2025

    • Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.

      Legal 500 2025

    • 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.

      Legal 500 2025

    • Osbornes covers a spectrum of spinal cord and brain injuries, as well as fatal accidents, spanning spinal cord and brain injuries.

      Legal 500 2025

    • 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.

      Chambers UK 2023

    • 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.

      Chambers UK 2023

    • 'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'

      Legal 500 2023

    • "Ben Posford’s particular expertise in this area focuses upon cauda equina claims, of which he is an undisputed powerhouse."

      Legal 500 2023

    • 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.

      Legal 500 2022

    • Stephanie Prior is a first-rate clinical negligence specialist whose industry, great experience and medical background put her in an exceptional class.

      Legal 500 2022

    • This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.

      Legal 500 2022

    • Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’

      Legal 500 2022

    • "Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."

      Chambers UK

    • "Offers specialist expertise in cauda equina syndrome cases."

      Chambers UK

    • "Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."

      Chambers UK

    • "Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."

      The Legal 500

    • As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.

      Chambers UK

    • "Ben Posford is singled out for his expertise in high-level catastrophic claims, particularly his handling of devastating brain and spinal injuries"

      Chambers UK

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