Settlement of Loss of Vision Claim

Isabel Harper, Associate in Clarke Willmott’s clinical negligence team, was instructed by the Claimant, in a claim relating to a delay in diagnosis and treatment of her Giant Cell Arteritis (“GCA”), a condition when the arteries become inflamed requiring urgent treatment. The delay in treatment sadly led to avoidable profound and irreversible loss of vision amounting effectively to blindness in one eye.

The claim

On 11 June 2020, the Claimant self-referred to A&E at the Defendant Hospital complaining of a prolonged headache and pain in her jaw when chewing. She was diagnosed with a migraine, prescribed amitriptyline and advised to reduce her caffeine intake.

The headache continued and by 19 June 2020, the Claimant’s eyesight began to deteriorate so she self-referred to the local eye hospital. Despite the Claimant’s history with new onset symptoms of visual disturbance on the right, the treating clinicians felt that the cause was not GCA.

The Claimant’s vision continued to deteriorate, although it was not until 21 June 2020 that she noticed that she had completely lost the vision in her right eye. By then the vision in her left eye was also blurry. The Claimant attended Eye Casualty again for further advice. The right optic nerve was swollen and pale, with haemorrhages. The likely diagnosis was now thought to be GCA and the Claimant was admitted for intravenous steroid therapy. The following day, it was noted that there was improvement in the Claimant’s headache following steroid treatment.

Loss of Vision

We obtained supportive expert evidence confirming that there was a serious and potentially imminent risk of severe visual loss if GCA was not treated with steroids at the time of her first attendance to hospital. Had steroid treatment been commenced, then the subsequent deterioration in the Claimant’s vision would have been avoided.

The Claimant has been left with very significant and permanent impairments in her vision. As a result, she experiences difficulties with everyday living and has lost her independence. She is highly dependent on assistance from family members in order to avoid falls and other injuries, especially when away from the home.

Claim liability & settlement

Liability was initially denied in full in the Letter of Response but following the commencement of court proceedings and receipt of the Claimant’s Particulars of Claim, the Defendant admitted liability in full and judgment was entered in favour of the Claimant.  The Defendant admitted that but for their negligence the Claimant would have suffered only mild visual loss in her right eye.

The claim settled at a Joint Settlement Meeting for £500,000, and included claims for home adaptations, aids & equipment and care.

Will Young at Outer Temple Chambers worked alongside Isabel as the Claimant’s Barrister.

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