£900,000.00 compensation for leg amputation for 6 year old boy with Downs Syndrome
October 04, 2011
Bolt Burdon Kemp has secured substantial compensation for Leo Ison, who was just 3 weeks old when his left leg had to be amputated below the knee after doctors at Glenfield Hospital in Leicester failed to recognise signs of a blood clot in his foot. If this had been treated earlier there was a good chance that he would have lost only his toes.
Leo, now six, has a false leg below the knee but finds walking difficult and at times willl not wear his prosthesis because it is too painful. As he is so young, his bones are still growing and he will probably need several operations before he is 18 to revise the stump by removing protruding bone.
Leo's parents, Fiona and Ian, said "We believe the way our boy and other Downs Syndrome children are treated has to change, Diuretics shouldn’t be prescribed over the phone without even seeing the patient, Doctors examining them should take more care than they do and statements like ‘We will consider Leo for a heart operation when and if he reaches the desired weight’ should never be made. Now, on top of his learning disability, Leo will have to try to cope with a major physical disability for the rest of his life. Leo is a delightful and happy little boy, who desperately wants to run and jump like his younger brother Zach but at the moment he is refusing to wear his prosthesis because of a bone overgrowth. He has been on the NHS waiting list for an operation but this settlement means that he can pay to have his operation sooner instead of having to wait till who knows how long under the NHS. We can also now look for a level living home to live in so Leo doesn't need to worry about stairs and has a wet room all of his own. Leo, who loves swimming, can also have special swimming prostheses which are not available under the NHS."
Jo Chapman, partner at Bolt Burdon Kemp, who acted for Leo said, “ This is a case that would have been very difficult to bring without legal aid because with so many complex medical issues and the NHS disputing liability throughout there was a real litigation risk. The settlement reflects this risk and will make a real difference to this delightful little boy and his family. "
The settlement, approved today by the High Court, will be held by the Court of Protection.
Watch news item at http://www.bbc.co.uk/iplayer/episode/b015j4v0/Midlands_Today_04_10_2011/
If you have you have a query regarding medical negligence, please contact Jo Chapman or a member of the team.