Court Approves Compensation for Renal Injury due to Medical Negligence

Posted on: October 2nd, 2014 by Editor

A judge at the High Court in London has approved a £4.8 million settlement of compensation for a renal injury due to medical negligence in favour of a ten-year-old boy.

Lucas Tupenny was born at the Bupa Cromwell Hospital in Kensington in January 2004 suffering from a bowel defect and needing a colostomy. However, due to a series of errors made by medical staff at the hospital, Lucas suffered a septic shock and renal failure.

Lucas started to receive dialysis treatment from the age of six months and, when he was one year old, underwent a kidney transplant operation – the kidney having been donated by his father Brock. Now, at age ten, Lucas has undergone 28 operations and will need a further replacement kidney in the future.

On behalf of her son, Lucas´ mother – Therese – claimed compensation for a renal injury due to medical negligence and, in 2012, the hospital admitted a breach of duty and apologised unreservedly. Settlement of the claim was delayed until a study of Lucas´ future needs was completed and, at the High Court in London, Judge Richard Parkes was told that a figure of £4.8 million had been negotiated.

Lucas and Therese were in court to explain to the judge what Lucas had been through since his renal injury, and the judge was shown a video of Lucas´ life to date. Judge Richard Parkes asked Lucas how he was feeling now and Lucas replied “Good, your Lordship”. Therese explained that “we absolutely think the amount is fair. Lucas has a chronic medical condition and he will need treatment for all his life”.

The judge also heard that Lucas now lives with his mother in Seattle, having left the family home in Ruislip Middlesex when his parents divorced. He told Therese that she had shown extraordinary devotion to her son throughout some difficult years, and he wished the family well as he approved the settlement of compensation for renal injury due to medical negligence.

Speaking after the hearing, a representative of the Bupa Cromwell Hospital commented that the company did not own the hospital at the time of Lucas´ injury. He said that Bupa inherited the investigation and liability of the case, and that the case had been managed by the insurance company working on behalf of the hospital´s previous owners.

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