North-West law firm wins negligence case
By Law News
AWH Solicitors secures £290k settlement for the family of a lung transplant victim in Manchester.
Landmark Settlement Secured for Family After Fatal Lung Transplant Surgery
A Northern law firm has won a significant settlement for the family of a woman who died following a failed lung transplant surgery at Manchester University NHS Foundation Trust. AWH Solicitors successfully secured £290,000 after a prolonged legal battle, bringing some measure of justice to the family who lost their loved one due to alleged medical negligence.
Tragic Turn After Promising Transplant
The woman, whose identity remains confidential, was notified in 2019 that she was a suitable match for a lung transplant, a moment that should have signaled a new lease on life. However, just two years after undergoing surgery at Manchester University NHS Foundation Trust, her health rapidly declined, leading to her placement in palliative care and her eventual death.
Chris Marsh, Director of AWH Solicitors, highlighted the devastating impact of the medical errors. "Our client waited four years for a suitable lung match, and instead of enjoying the rest of her life, she spent her final years deteriorating and on palliative care," Chris Marsh stated.
A Series of Medical Errors
The legal battle focused on a series of critical mistakes during and after the transplant. The donor lungs, retrieved at Bristol Hospital by a trainee under supervision, were damaged during the retrieval process, resulting in a 2cm laceration to the left superior pulmonary vein. This damage, deemed "moderate" on an audit form, was communicated to the transplant team in Manchester. Despite this, the decision was made to proceed with the transplant.
Following the surgery, the woman was admitted to the ICU for what was expected to be a brief stay. Instead, she endured a series of complications. A subsequent surgery revealed that the connection between the left atrium and the left pulmonary vein was twisted, leading to severe congestion and the eventual removal of the left lung. The patient spent 61 days in the ICU and a total of four months in the hospital, suffering chronic muscle loss and psychological trauma due to the extended intensive care period.
Her condition continued to deteriorate, culminating in a diagnosis of chronic rejection just six months post-surgery. The complications ultimately claimed her life.
A Fight for Justice
Despite the devastating outcome, Manchester University NHS Foundation Trust initially denied liability, arguing that failure was an inherent risk of lung transplant surgery. AWH Solicitors, representing the victim's family, disputed this claim, accusing the Trust of further negligence by refusing to accept responsibility.
AWH Solicitors relied on the testimony of two specialists in lung transplant surgery to build a strong case against the Trust. Their efforts culminated in an out-of-court settlement of £290,000, a figure that, while significant, falls far short of compensating for the loss of life.
Chris Marsh expressed a bittersweet satisfaction with the settlement, stating, "This sum will never come close to compensating our client losing their life, but I am pleased that we were able to secure a settlement for our client’s family."
A Call to Action
Chris Marsh also used this case to highlight the importance of seeking legal recourse in cases of medical negligence. "I would encourage anyone facing medical negligence to reach out and remember they’re not alone," he said, emphasising the role of legal support in holding healthcare providers accountable.
The settlement serves as a reminder of the critical importance of accountability in medical procedures, especially in high-risk surgeries like lung transplants. The case also underscores the necessity for patients and their families to seek expert legal advice when faced with potential medical negligence.