James Wollacott dislocated
his knee and ruptured an artery while trampolining in May 2003. He
underwent emergency surgery to save his leg, which left him with
open wounds. Tests on the wounds revealed that there was a
superficial infection caused by staphylococcus aureus.
It was then found that, in
addition, James had ruptured the ligaments in his knee and that
further surgery would be required.
Instead of waiting for the
superficial infection to clear and the open wounds (from the
emergency operation) to heal, a ligament reconstruction was carried
out.
This surgery opened up the
knee and allowed the infection to develop in the knee. This
resulted in an abscess forming behind the knee, which had to be
drained.
It was alleged that this
drain acted as a portal for the superbug MRSA to get into the knee.
James became severely unwell and suffered with MRSA
septicaemia.
As a consequence of the MRSA
infection, James needed several procedures to clean out the
infection and a number of operations to try to repair his knee.
The surgical treatment has
so far been unsuccessful. James has been left with an unstable
right knee and a limp. There is permanent numbness in the outside
of his ankle and over his foot. It is likely that he will need a
total knee replacement within twenty years.
James was a keen sportsman
before the accident. His sporting activities are now significantly
restricted and he has been unable to return to his work as an
electrical engineer. James suffered psychologically as a result of
his physical injuries.
Samantha Critchley acted for James in a
claim against St Mary’s Hospital. She argued that the knee ligament
repair, which was not an emergency operation, should have been
postponed to allow James to recover. James would not have
contracted MRSA and the primary ligament reconstruction would have
been a success. The case was strenuously defended right up to trial
in May 2009. An offer of £400,000 was made by the defendant a week
before trial, which James accepted.
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James said:
"Samantha was very clear from the outset of my claim that she
thought my chances of success were slim and that very few
cases like mine had had a successful outcome. However, she is
an astute lawyer and her determination to achieve her goal,
regardless of the odds, make her a formidable opponent.
Samantha is very focused, and, despite tough opposition from the
NHS lawyers, robustly stood her ground demanding explanations and
exposing contradictions in their defences. After 3 years of
difficult negotiations, her skill and perseverance culminated in a
very satisfactory out of court settlement".
James Wollacott
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For further information or if you have a hospital infection claim please call
Samantha
Critchley on
020 7861 4263 or email samantha.critchley@ffw.com
You can discuss your hospital
infection claim with any member of our medical negligence team on freephone
0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.