Gregory Abrams Davidson Solicitors recover damages for injuries arising as a result of a hospitals failure to correctly programme a cardiac pace maker

BD  v Royal Liverpool and Broadgreen University Hospitals NHS Trust

Facts of the case

Our client was born with a congenital heart condition.  He was admitted to The Royal Liverpool and Broadgreen University Hospital with palpitations and syncope and was found to be in ventricular tachycardia with a heart rate of over 250bpm.  He was cardioverted and placed on amiodarone and aspirin.  A decision was made to implant a defibrillator and this procedure took place under local anaesthesia and sedation.

Over the next 6 years, our client was regularly reviewed at the pacemaker clinic. His medical condition was stable.

However at a review clinic, it was noticed that the battery of the pacemaker was getting low.  He was therefore told that he would need an ICD box change.  The device was tested with 8 paced hearts and a shock on TVF cardio version obtained.  The defibrillator was set at VT zone 180-230 5 x ATP 91% ramp, 230 VT Zone with cardioversion and one 230 cardioversion.

Following the refit, our client returned to hospital for a routine check up.  At this appointment, he was told that the system was functioning normally.

Approximately 1 week later, he had a seizure causing him to collapse to the ground whilst trying to change a car wheel and suffered a number of shocks from the pacemaker. In addition, he experienced chest pains and each shock knocked him to the ground.

He was immediately taken by ambulance to the Royal Liverpool University Hospital and was later transferred to Broadgreen Hospital.  Investigations revealed that the shocks were caused by an error in the programming device of the ICD.

GAD sent a Letter of Claim to the Defendants and the Trust responded admitting that there was an error in programming the pacemaker device, which resulted in him suffering a series of shocks. Their position in regards to the extent of any injury/damage was reserved.

As our client indicated he had suffered an adverse psychiatric reaction following the incident we instructed the Consultant Psychologist, to prepare an independent medical report. That report confirmed that in addition to the physical injury our client was psychologically vulnerable and the traumatic event had caused an exacerbation of his underlying condition.

Following disclosure of medical evidence and negotiation between the Parties, a settlement was reached prior to the commencement of Court Proceedings.

Gregory Abrams Davidson are Solicitors who specialise in obtaining compensation for clients who have sustained injuries as a result of Medical Negligence. We deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton and Golders Green, London.We offer a free initial case assessment and No Win No  Fee Funding is available. Please contact a member of our Medical Negligence new enquiries team on 0151 733 3353 or email [email protected]