A child receives compensation award of £100,000 plus care costs due to suffering significant health complications following a delay in treatment of Cystinosis

A child receives compensation award of £100,000 plus care costs due to suffering significant health complications following a delay in treatment of Cystinosis

Claimant was born on the 2 November 1993. On the 22 May 1995 the Claimant was admitted to the Withybush General Hospital with a viral infection.  Prior to admission to Withybush General Hospital his mother had noted glycosuria and the Claimant’s GP had confirmed that his blood sugar was raised at 11.  At the Withybush Hospital, Dr Palit, Consultant Paediatrician, confirmed that glucose and protein were found in his urine but that other tests proved normal.  He was discharged from hospital pending an outpatient appointment.

On the 10 August 1995 the GP saw the Claimant at the Surgery.  He noted the investigations at the hospital and also that the Claimant suffered with regular vomiting. Further prescriptions of Maxolon were issued to him by the GP on 1 February 1996, 13 February 1996, 29 February 1996 and 4 May 1996.

The Claimant was seen by various therapists specialising in particular allergies, as the Claimant's Mum believed that the doctors who investigated his condition when he was younger may have thought he suffered from allergies.

The Claimant's condition was not improving.  He attended his GP practice on many occasions and he had many different theories as to his problem, for example Irritable Bowel Syndrome.  He was prescribed various different drugs which were all ineffective.

In early 2001 the Claimant started to lose weight.  His Mother took him back to the GP Practice and blood tests were conducted.  With the results the Claimant was eventually diagnosed with cystinosis.

The Claimant alleged that the Defendant was negligent in that there was a negligent failure to diagnose his condition of cystinosis when it was known or ought to have been known that his symptoms of vomiting together with an odd excretion pattern and glycosuria were suggestive of cystinosis.  There was a failure to refer him to a Paediatric Nephrologist and to arrange appropriate testing.  There was a negligent delay between May 1996 and 2001 in arranging any follow up of care and a failure to monitor his cystinosis during that time.  The diagnosis which should have been made in 1995 was not made until April 2011. As a result the Claimant was denied of the opportunity to be treated for his condition. 

As a result of the delay in diagnosis of 5 years and 4 months the Claimant is 1 to 1.5 height standard deviations smaller than he otherwise would have been had the diagnosis been made promptly.  A prompt diagnosis could have led to what would be considered a normal height for a child's age and could have been 7.4 to 11 centimetres taller than he is now. His early years of life has been adversely affected to a very significant extent.  Had his condition been diagnosed and treated with Mercaptamine in 1995 then the rate at which his kidney function subsequently declined would have been reduced. 

The Defendant made an offer in the sum of £10,000 which was rejected by the Claimant.

Proceedings were issued on the 30 September 2011. The Defendants requested an extension of time until the 16 April 2012 for the filing of the Defence which the Claimant agreed to. The Second Defendant also made a Part 18 Request for Further Information. Allocation Questionnaires were filed with the Court. It was agreed between the parties to have the matter stayed to enable the appropriate enquiries to take place. 

The First Defendant made an offer on the 3 May 2012 in the sum of £25,000 which was subsequently rejected by the Claimant.

A Case Management Conference took place on the 21 February 2013. 

A Round Table Meeting took place on the 21 May 2014 at which the Claimant accepted the sum of £100,000 plus his reasonable costs of the action in full and final settlement.

If you or a loved one have suffered health complications as a result of medical negligence in the form of a misdiagnosis or delay in treatment then please click here

Unsure if you are entitled to make a medical negligence claim?

Before you decide to bring a claim, our medical negligence panel can carry out a confidential free claim assessment under no obligation for you to use the service.

Call us now for free advice.
Lines are open 24hrs.

0800 222 9800

Who provides the free advice and free claims assessment?

The Mistreatment.com is an award winning legal marketing brand that conducts campaigns for a panel of specialist medical negligence solicitors who are experienced in assisting medical negligence claimants on a 'no win no fee' throughout England & Wales. Learn more. 

Read more case studies