Spinal Fracture Case Settles for 6-figure Sum

Jodi Newton

Spinal Fractures following cessation of Denosumab injection

Case Overview

Osbornes Law were instructed in a spinal injury claim against Mid and South Essex NHS Foundation Trust, by “Charlotte” who suffered multiple spinal fractures after discontinuing her Denosumab injections.

Medical Background

Charlotte was diagnosed with osteoporosis in November 2011. A Dexa scan in October 2013 confirmed osteoporosis in her spine and osteopenia in her hip. Thereafter, in November 2013, she was having prolia injections for osteoporosis. In May 2014, she was given Denosumab injections.

Complication due to Rheumatoid Arthritis

Charlotte was diagnosed with Rheumatoid Arthritis in October 2016. In September 2017, following a flare up of her arthritis, Charlotte was bed-bound for 3 days and off work for 2 weeks. Thereafter, she was regularly seen by a  Consultant Rheumatologist, at Broomfield Hospital and had many DEXA Frax scans. Her Denosumab injections continued at her GP surgery every 6 months.

Denosumab Discontinued

On 19 March 2019, her Consultant Rheumatologist decided to discontinue her Denosumab. This was contrary to NICE guidelines, which state that anyone receiving Denosumab should plan on continuing Denosumab for life, with regular monitoring and internal reviews. There is no recommendation in the guidance to stop Denosumab treatment.

Resulting Injuries

As a result of the decision to discontinue Denosumab, Charlotte suffered multiple vertebral fragility fractures at T12, L1, L2, L3 and L4. The fractures were first diagnosed 10 months after Denosumab was discontinued. Our client is now under the care of a different Consultant Rheumatologist. The medical opinion was that the likely date of the first fracture was 10 October 2019, when Charlotte had been lifting and bending as part of her duties as a science assistant in a school.

Charlotte developed irreversible changes to her five vertebrae from T12 down to L4. The fractures have led to considerable changes in the mechanics and posture of her back. Charlotte lost height and the normal curvature of her spine. A large section of her spine is now very straight causing restrictive movement. Charlotte also has reduced stability and has had a number of falls since the incident.

Impact on Daily Life

Charlotte’s injuries have had a significant effect on her life. She is still able to continue working in a secondary school, but her duties have had to be adapted. On a day-to-day basis Charlotte requires assistance with housework, particularly in the kitchen. She cannot do her gardening, which used to be her main hobby and source of enjoyment. This has all had a significant impact on her mental health.

Settlement

Stephanie Prior successfully settled the claim for a six-figure sum without the need to issue Court proceedings, as the Defendant Trust admitted liability following the Letter of Claim.

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