Raheem was born in Iraq on 3 January 1978. When he was six
months old he was diagnosed with a cardiac murmur and was
referred to the Harefield Hospital for investigation and possible
correction of Fallot’s Tatralogy.
Raheem’s parents brought him to the UK as a private
patient. On 15 August 1978, he was admitted for cardiac
catheterisation, a routine preliminary investigation to establish
whether he was a suitable candidate for corrective surgery.
Raheem's pre-medication prior to the catheterisation
included the drug omnopon, a morphine based opiod. Raheem was given
12mg of omnopon, almost three times the correct dose.
As a result, he suffered from the characteristic features of an
overdose including drowsiness, cyanosis, poor respiration and
hypoxia. The procedure had begun at 12pm and by 7.30pm his
neurological condition had deteriorated to the extent that there
were signs of severe and by now irreversible brain damage.
The following day Raheem’s leg was recorded as “definitely
bluer” and on 30 August 1978, he underwent a through knee joint
right leg amputation.
The operation to correct the Fallot’s Tatralogy had to be
postponed and was eventually carried out successfully on 27
November 1978.
In the months and years that followed, it became clear that
Raheem had suffered catastrophic diffuse brain damage and that he
was severely handicapped. He made minimal development and progress
and although he has matured to the size of and weight of a man, his
abilities have remained those of a very young baby.
Raheem is very severely disabled mentally and physically
and is totally dependent on his parents for all care. He has
no use of speech and makes only occasional comprehensible noises.
He has negligible vision and is registered blind. He is doubly
incontinent. His right arm has a stiff spastic posture and he uses
his left arm by preference.
Liability was strenuously denied by the hospital, both at the
time of the surgery and during the initial correspondence with the
hospital.
However on 16 July 2002 some twenty-four years after Raheem’s
birth and some two years after the initial letter of complaint,
liability was admitted.
Nevertheless, the hospital’s advisors continued to fight on
quantum of damages, arguing in particular that Raheem had a low
life expectation.
The matter came before Mr Justice Astill in December 2003. After
two days of argument the defendants finally made an offer in the
sum of £5 million, which was approved by the court on 15 December
2003.
The case was conducted by Paul McNeil
with the assistance of Legal Aid.
For further information or if you have a cardiac negligence claim call Paul McNeil on 020 7861
4019
or email paul.mcneil@ffw.com
You can discuss your cardiac negligence
claim with any member of our medical
negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.