LG -v- DS
ACL secured a six figure settlement for a woman who suffered severe injuries due to damage to her sural nerve during varicose vein surgery in August 2014. At this time, the Plaintiff sustained a serious injury to her sural nerve as a result of which she was left with permanent disabling pain and was unable to work or resume normal activities.
It was the view of the Plaintiff’s medical experts that the Plaintiff was not advised of the risks of the surgery she was having, nor was she given appropriate information about the other surgical options available to her. One of the Plaintiff’s experts felt that the type of surgery chosen was in fact negligent in itself and that the Plaintiff was put in the wrong position for the surgery, making injury more likely.
Liability was fully disputed in the matter and the issues of breach of duty and in particular causation were quite complex. It was essentially the Defendant’s case that this type of injury was a known risk of the surgery in question and occurred without any negligence.
In addition to the significant dispute on negligence, causation issues in the matter were also complex, insofar as the extensive symptoms suffered by the Plaintiff were arguably more widespread than would be expected with a sural nerve injury.
As regards the Plaintiff’s injuries, she suffered severe and debilitating sensory issues and pain in the affected leg, which impacted on almost all activities of daily living. This adversely affected her ability to sleep, exercise or to carry out usual activities of daily living and spinal cord stimulator surgery has been recommended to try to improve her pain. The constant and permanent pain caused by the injury has also had an adverse impact on the Plaintiff’s psychological wellbeing.
The matter was fixed for Trial on three separate occasions and was adjourned, primarily due to the restrictions arising from the Covid-19 pandemic. Ultimately, a mediation was held on 27th January 2021, at which time the matter settled for a six figure sum.
04 May 2021