Our client, Sophie* (name changed for privacy), has a genetic heart condition, which was not diagnosed in a timely fashion because her GP failed to refer her for a cardiology assessment after a worrying ECG report. As a result, she was not prescribed betablockers and, tragically, she suffered a cardiac arrest shortly after giving birth to her third child.
Consequently, Sophie suffered a catastrophic brain injury, leading to the need for 24-hour care, adapted accommodation, aids, equipment and various therapies and support. Sophie’s partner was unable to cope, and her parents took over parental responsibility for her three young children. Sophie remains in a minimally conscious state but is now able to walk independently for short distances and takes huge pleasure in being with people that she is close to.
Legal proceedings
A letter of claim was sent to the Defendant GP in February 2021 and a Letter of Response admitting breach of duty, but denying factual and medical causation, was received in January 2022. It was argued by the Defendant that Sophie would not have attended any cardiology appointment offered and/or her heart condition would not have been diagnosed in any event. However, Sophie’s medical history made it clear that she has always attended the vast majority of her appointments, especially those for major health issues.
We were able to challenge the issue of medical causation with the benefit of expert evidence from a cardiologist. He confirmed that, if Sophie had been referred to the cardiology department as she should have been, the investigations that would have then taken place would have, on a balance of probabilities, led to a diagnosis of her genetic heart condition (long QT syndrome) and Sophie would have been prescribed beta blockers, which would have prevented the cardiac arrest.
Interim payment of £2.2 million
Notwithstanding the initial partial admission, the defendant was open to proceeding with mediation. As it was, given that we needed to buy a property for Sophie to live in with her parents, children and support team, the parties were able to take a cooperative and proactive approach to the case. Judgment was entered on Sophie’s behalf in July 2023 and the first significant interim payment of £2.2 million was made. This allowed the purchase of a suitable home for Sophie and her family, which is now being adapted to provide Sophie with adequate living and therapy space, including a hydrotherapy pool.
Expert evidence was obtained from experts in neuro-rehabilitation medicine, neuropsychology, care, physiotherapy, occupational therapy, accommodation, speech and language, forensic accountancy, independent financial advice and deputyship.
There was a mediation meeting in April 2024 at which unfortunately the case did not settle. A joint settlement meeting (JSM) took place in September 2025, and the parties agreed a settlement which allowed for a £7 million lump sum and an annual payment for care and case management of £413,925, starting in December 2026 for life. The settlement was approved by the court in October 2025.
Lesley Herbertson, Partner in our Clinical Negligence team, acted for Sophie and said: “Despite the tragic and devastating nature of Sophie’s injuries, she is a happy young woman surrounded by a devoted and loving family. We are delighted that we have recovered sufficient funds to allow Sophie to live in her own home in the community with her parents and daughters. This very positive outcome has been due to the collective efforts of Leading Counsel, the experts, the HJ team and most importantly Sophie’s strong and dedicated family.”
Lesley was assisted on the case by Kelly Charlton, Senior Associate, and Darryl Allen KC was instructed throughout.
