QB-2022-000824 - [2025] EWHC 1610 (KB)
Fecha: 26-Jun-2025
Conclusions
Future Travel Expenses
The Claimant seeks £4,085.65. The majority relates to travel to abdominal massage therapy, and this falls away. The remainder of £516.60 is for travel to hospital once a year for life at £8.91 each time, arising from flare ups of the Claimant’s chronic PID. I note, as does the First Defendant in his counter-schedule, that the Claimant has only attended A&E once since 2019 for this reason. I agree with both Defendants that this level of attendance is wholly speculative, and that the flare ups of chronic PID will cease after pelvic clearance. The First Defendant allows a lump sum of £50 to cover travel, the Second Defendant allows £4.95 per year until age 51 amounting to £75.44 which averages an A&E visit every two years on the Claimant’s mileage. This seems logical and reasonable. I award £75.44 under this head.
Summary
I have made the following awards:
General Damages | Damages for PSLA £94,000 plus interest at 2% being £5,358.00 | Para 44 and 45 |
Special Damages - Past | ||
Past care and assistance | £260 (inclusive of £35.18 interest) | agreed |
Past travel | £315 plus interest at £23.23 | Para 47 |
Past medical costs | £146.39 (inclusive of £10.90 interest) | agreed |
Past therapies | £0 | Para 50 |
Past miscellaneous | £25 plus interest at £1.71 | Para 52 |
Special Damages - Future | ||
Future medical treatment | £21,933.25 £7,280 (£8,000 x 0.91) pelvic clearance | Para 58 Para 59 |
Future therapies | £0 | |
Future care and assistance | £2,262.95 | Para 69 |
Future travel | £75.44 | Para 71 |
The total damages award excluding interest is therefore £126,251.95. I will hear submissions on costs and consequentials at the handing down.
I am very sorry to have heard all that the Claimant has been through since 2016, and to learn that she will still be dealing with the results of the missed diagnosis of PID for many years into the future. I hope the determination of this claim will let her move forward. I wish her and her family all the very best for the future.
- Heading
- Her Honour Judge Melissa Clarke
- Causation
- Condition
- Prognosis
- Surgical interventions
- Adhesiolysis
- Pelvic clearance/hysterectomy
- In vitro fertilisation (IVF) treatment
- Alternative therapies
- General Damages
- Past Travel Expenses
- Past Therapies
- Past Miscellaneous Expenses
- Future Losses
- Future Therapies
- Future Care and Assistance
- Conclusions