Our client, Olivia* (name changed for privacy) developed bacterial meningitis at four months of age, further to a rectal biopsy, which led to bacteria in her bloodstream/septicaemia.
The infection was inadequately treated with antibiotics in the defendant hospital. As a result of the bacterial meningitis, it was our case that she was caused cognitive difficulties, acquired learning difficulties, consequent anxiety, various functional physical issues, poor core strength and headaches.
Proceedings were issued and served in August 2020. A Defence was served in October 2020 and admissions in respect of breach of duty made previously were repeated. Whilst it was admitted that the breaches had meant that the bacterial meningitis was not promptly treated, it was argued that it had been adequately treated by the time of Olivia’s discharge from hospital at the end of October 2004. It was also argued that any subsequent hospital admissions were not related to the episode of bacterial meningitis.
However, we were able to make a good case on behalf of Olivia, with the benefit of good quality expert evidence (from a microbiologist, neonatologist, paediatric neurologist, neuropsychologist and neuropsychiatrist) that there was a link, supported by research and literature, between bacterial meningitis (BM) and cognitive and learning difficulties and that it could also be argued that the BM could have caused or materially contributed to her anxiety.
The case was listed for a liability trial in April 2022, but settlement was reached at a joint settlement meeting and judgement entered (in March 2022) on the basis that Olivia developed BM as a result of the Defendant’s negligence and the BM caused or materially contributed to her cognitive injury, dyslexia, dyscalculia, impaired educational attainment and anxiety.
Meanwhile, the issue of whether any other injury (including any functional disorder) had been caused or materially contributed to by the BM was left over to the quantum trial. Olivia’s presentation is complex. She presents with neurogastric issues (she is 75% PEG fed), multiple areas of pain, occasional choking sensation, occasional mutism, weakness and poor mobility as well as ongoing cognitive issues and anxiety.
Quantum evidence was obtained from experts in neuropsychiatry, neuropsychology, care and deputyship. Joint expert evidence was obtained from a gastroenterologist and a physiotherapist. The experts were tasked with commenting on causation and condition and prognosis, which was difficult given the complex nature of Olivia’s condition. A further joint settlement meeting (JSM) took place in February 2025. Unfortunately, a settlement was not reached but the Parties were able to narrow some of the issues. Following the JSM, the Parties were able to agree a settlement, which was subsequently approved by the Court in March 2025, for a gross capital sum of £2.5 million with periodical payments of tens of thousands of pounds for life.
Lesley Herbertson, Partner in our Clinical Negligence team, acted for Olivia and said:
“Olivia’s case was one of the most difficult cases that Leading Counsel and I have ever run, given the need to demonstrate how Olivia’s extensive injuries had arisen from a failure to treat an illness during infancy, bearing in mind the relevance of psychological drivers for the same.”
This was a very challenging case for both Olivia’s legal team and medical experts, given the nature of her presentation and the impact of the same upon her day to day life. There was a wide-range of potential outcomes for Olivia with treatment which in turn meant that there was a high degree of uncertainty in relation to the potential findings that a Trial Judge could make in relation to the central issues in the case, such as Olivia’s long-term prognosis, her long-term support needs and the type and level of support that she would accept.
This meant that valuation of the claim was challenging for both Parties. Therefore, we were very pleased to have achieved such an outcome for Olivia, by way of a settlement before the quantum trial, which was due to the collective efforts of Leading Counsel, the expert team, ourselves and the strength to keep going of Olivia and her family.
