Successful settlement for negligent care during kidney transplant by NHS Trust
14 Dec 2022 | Stephanie Prior
Claimant v Royal Free London NHS Trust
Osbornes have reached a settlement agreement on behalf of a Claimant who brought proceedings against an NHS Trust for the negligent care provided to him during a kidney transplant in 2018.
Background
The Claimant, a professional sportsman, was born with Alport Syndrome, a genetic condition, inherited from his mother; characterised by kidney disease, hearing loss and eye abnormalities.
In 2018 Claimant needed a kidney transplant due to his kidney failure, and his 41-year-old father was identified as a match. Claimant underwent a kidney transplant with the kidney donated by his father.
When a kidney is transplanted, there is always a short period when the kidney is deprived of blood and at risk of progressive damage. The risk is high when the kidney is warm as the issue remains metabolically active at this time. To minimise this risk the kidney must be rapidly cooled to reduce metabolic activity and preserve function.
However, Claimant’s father had been diagnosed with sickle cell trait and cold agglutinins, which puts the kidney at high risk of damage during a transplant. For patients with this syndrome, once the Kidney is removed, it should be perfused with large volumes of warm perfusion fluid to remove the donor blood and therefore all the cold agglutinins. After which, it should be cooled in the conventional way.
In this case, one of the operating surgeons was aware of the father’s cold reactive antibody but did not predict it would have a detrimental effect on transplantation. It is unclear if both surgeons were aware of the father’s condition. The surgeons did not flush father’s kidney with warm water; instead, immediately cooling the kidney after removing it from his body.
The kidney failed to function following the surgery, and the Claimant was informed that had they of known of the cold reactive anti agglutinin they would have first performed the warm flush, before the cold-water flush.
Claimant required a further living donor kidney transplant, which finally took place at the end of December 2020.
As a result of the failed surgery, the Claimant suffered a hiatus in his sporting career, and would have returned to full fitness by mid-2019. He would not have required additional treatment including the need for re-transplantation. He also would not have suffered an anticipated reduction in life expectancy.
Procedure
A Letter of Claim was sent to the Defendant in May 2021.
The allegations against the Trust included, but were not limited to:
- Failure to warn the Claimant about his father’s blood conditions
- Failure to discuss the presence of donor cold agglutinins and sickle cell trait with a consultant haematologist before transplantation.
- Failure to consider or mitigate the risk of agglutination and haemolysis related to the donor cold agglutinins and sickle cell trait respectively or to warn father or Claimant of the possibility of associated complications
A Letter of Response was received from the Defendant in January 2022. The Trust admitted failure by the renal team to discussing the presence of cold agglutinins in the father’s blood with the haematology department. They admitted that had such discussion taken place, it would have resulted in an alteration to the conventional perfusion method (i.e. the donor kidney would have been perfused in warm fluid first). This in turn, would have avoided the failed kidney transplant.
Following the Trust’s admission of liability, an offer was put forward by the Defendant in the sum of £140,000. Osbornes put forward a counteroffer of £165,000, and the Defendant’s thereafter put forward a counter-offer of £160,000 plus reasonable costs, which was accepted by the Claimant.
The Claimant was pleased with the outcome, which will hopefully compensate for the years of his career missed due to his ill-health and the impact it has had on his career going forwards.
Claimant’s Solicitor
Stephanie Prior, Partner, Osbornes Law
Counsel
Chris Stephenson
Defendant’s Solicitor
Tania Kahlon, Bevan Brittan
Our medical negligence department is ranked as a leading team in London by Chambers UK and The Legal 500. We are also approved solicitors of Action against Medical Accidents (AvMA). This means we have demonstrated our specialist legal expertise and experience in running clinical negligence claims for patients. To speak with Stephanie regarding surgical negligence or other medical negligence case, please complete the online enquiry form below.
Share this article
Contact
Contact Stephanie today
For a free initial conversation call 0207 485 8811
Email us Send us an email and we’ll get back to you
Stephanie Prior leads the team with real experience and commitment to her clients. Able to spot a good case early on and see it through to conclusion.
Stephanie Prior leads a strong and competent team.
With 10 years of experience as a registered general nurse, stephanie is well placed to support clients through complex and sensitive claims.
Stephanie Prior ‘leads the team with real experience and commitment to her clients’
"Stephanie Prior is very empathetic and practical, she gets to the heart of a case quickly."
"Stephanie Prior is highly respected in the marketplace, with a great wealth of experience, superb judgment and medical knowledge that is second to none."
"Stephanie has always shown great judgment and common sense whilst building valuable relationships with her opponents."
"Stephanie Prior is a standout solicitor."
"Stephanie Prior is an experienced lawyer with immense knowledge of her specialism, which allows her to run her cases with strategic precision."
"Stephanie knows her way effortlessly around any clinical negligence issue and has a great strategic mind."
"I know [we have] expressed our appreciation, but I also wanted to thank you for all your hard work, time and patience in pursuing mum’s claim through to a successful outcome - your kind and professional approach was genuinely appreciated."
“May I take this opportunity to thank you for your patience and true compassion in yet another very tough year of representation on the behalf of my wife. I certainly must say you did it all with amazing stamina and positivity which regenerated my self-esteem…. You honestly eased the pain and I can see a healing process ahead.”
Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.
"Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."
"Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."
"Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."
"Stephanie shows sensitivity and deals with things in an understanding way."
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."
Stephanie’s background in medicine gives her an ability to read between the lines where medical records and expert evidence are concerned and is a great asset.
"Her knowledge base is second to none and her understanding of the litigation process stands out, as does her ability to work collaboratively."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
"Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."
"Key team members include the approachable, compassionate and efficient Stephanie Prior."
Stephanie Prior is always very professional and kind. Highly recommended.
Stephanie Prior is ‘very warm’ and ‘caring’, and an ‘exceptional professional’.
Stephanie Prior continues to receive widespread praise from clients, who state that she explains the legal aspects of the case very clearly, and she is also a caring person who handles cases on a personal level.
Related InsightsVIEW ALL
23.11.2023Maternity Negligence Claim against Bradford Teaching Hospitals
Osbornes acted for a Claimant, C, in her birth negligence claim against Bradford Teaching Hospitals NHS Foundation Trust for maternity...
Read more
21.9.2023Large Compensation for Delayed Laryngeal Cancer Diagnosis
Actress receives financial award after life-changing missed cancer diagnosis. Jodi Newton acted for a client who was belatedly diagnosed with...
Read more
21.9.2023Delayed cervical cancer diagnosis claim
Jodi Newton acted for a woman who died following a delayed cervical cancer diagnosis. The deceased could have been diagnosed...
Read more- 19.9.2023
Fatal Claim: failure to diagnose appendicitis case settles...
Stephanie Prior was instructed in a claim against Bedfordshire Hospitals NHS Trust, where our client’s mother (JC) tragically passed...
Read more - 19.9.2023
Spinal Fracture Case Settles for 6-figure Sum
Spinal Fractures following cessation of Denosumab injection Stephanie Prior was instructed in a spinal injury claim against Mid and South...
Read more - 13.9.2023
Delayed skin cancer diagnosis
We are pleased to have successfully settled a client’s claim for a delayed cancer diagnosis – Basal Cell Carcinoma (“BCC”)....
Read more - 1.8.2023
Failure to Treat Bowel Condition
Jodi Newton, a Partner in the Clinical Negligence Department at Osbornes Law, has recently settled a long running case against...
Read more - 19.6.2023
Prison Healthcare Negligence
Nicholas Leahy, a solicitor in the Clinical Negligence Department at Osbornes Law, has recently successfully settled a long running case...
Read more - 11.4.2023
Osbornes Instructed After Local Authority Data Breach
Osbornes Law has recently negotiated a settlement on behalf of two clients who had their personal information inadvertently released to...
Read more 
7.3.20235-figure settlement for infusion leak to mother
Elline Demetriou has reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim...
Read more- 9.2.2023
Perineal Tear case settles for 6-figure sum
Stephanie Prior recently settled a claim relating to a woman who delivered her baby after a traumatic labour. Her son...
Read more - 23.1.2023
Court avoided after settlement agreed in dental negligence...
The Medical Negligence team have recently negotiated the settlement of a complex dental negligence case. Our client experienced a number...
Read more 
13.1.2023Delayed diagnosis of appendiceal cancer
The medical negligence team at Osbornes Law has recently settled a case involving a patient who passed away following a...
Read more- 14.12.2022
Successful settlement for negligent care during kidney transplant...
Claimant v Royal Free London NHS Trust Osbornes have reached a settlement agreement on behalf of a Claimant who brought...
Read more - 10.11.2022
Successful claim against dental practice after negligent treatment
Osbornes Law have reached another successful outcome for a client, who pursued a claim against dental practitioners due to medical...
Read more 
2.10.2022Osbornes Act for Family after Tragic Stillbirth
Nicholas Leahy is acting for a young woman who had a water birth at home and two midwives were allocated...
Read more- 2.9.2022
Life-changing Injuries during birth
Claim after mother and baby suffered life-changing injuries during birth Jodi is acting for both mother and baby in a...
Read more - 1.8.2022
Successful settlement for birth injury that led to...
Stephanie Prior’s case relating to the death of Gabriela Pintilie has been settled and approved by the High Court....
Read more - 6.7.2022
GP Negligence claim leading to fatality successfully settled
Osbornes acted for a Claimant who brought proceedings on behalf of the estate of her late son, X, relating to...
Read more - 23.5.2022
Justice for client who suffered serious birth injuries
The birth injury lawyers at Osbornes Law have recently negotiated the settlement of a case in which our client sustained...
Read more - 14.4.2022
Severe abdominal pain prolonged due to failed surgery
Jodi Newton was instructed in a claim against London North West University Healthcare NHS Trust where our client suffered serious...
Read more 
23.3.2022Nerve injury following bowel surgery
Stephanie Prior was instructed in a claim against Luton & Dunstable University Hospital where our client sustained an injury to...
Read more
2.2.2022Child Left with Brain Injuries at Birth
Osbornes Law specialises in assisting families who have experienced birth injuries. We have represented families who have faced the loss...
Read more- 31.1.2022
Recent fatal medical negligence cases
Osbornes Law specialises in helping families who have suffered a fatality due to inadequate medical care. Our specialist team is...
Read more
