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Key takeaways from the Home Secretary’s Statement on Asylum Reforms: 30-months permission to stay for new claims and transitional arrangements for pending cases
Oliver Oldman
James Bell and his team represented a man in his late 60s whose life changed dramatically after a routine cataract operation. Our client suffered with graft-versus-host disease (GvHD) following treatment for Acute Myeloid Leukaemia (AML) and also had diabetic retinopathy. Following a deterioration in his vision, he underwent cataract surgery in his left eye at an NHS hospital.
After the surgery he was prescribed Ketorolac 0.5% eye drops, which are, we understand, routinely prescribed for diabetic patients undergoing cataract surgery but are contra-indicated for patients with a diagnosis of GvHD. As a result of being wrongly prescribed the Ketorolac drops, our client developed an epithelial defect in his left eye which doctors attempted to treat with a punctal plug to block his tear ducts and Atropine 1% drops. Despite these interventions, his condition worsened, and he developed a non-healing perforated cornea. Repeated attempts were made to close the perforation, including an amniotic membrane graft and an intravitreal injection, but these efforts proved unsuccessful.
As his condition deteriorated further, our client experienced increasing pain, developing a sore and light-sensitive left eye accompanied by persistent headaches and a swollen eyelid. He was eventually diagnosed with endophthalmitis, a serious inflammatory condition. Tragically, he lost all vision in his left eye. The ongoing discomfort became so severe that the eye ultimately had to be removed and replaced with a prosthetic.
The impact on our client's life has been profound. Beyond the significant physical pain and emotional distress, he has lost a considerable degree of independence. His coordination has been affected by the vision loss, and he has been forced to give up work as a senior manager in financial services - something he had been planning to continue with despite his age. The loss of sight in one eye has fundamentally altered how he navigates daily life.
When James Bell took on the case, the Defendant admitted breach of duty during the Pre-Action Protocol period in their Letter of Response. However, they remained silent on the crucial question of causation - the link between their error and the complete loss of sight in the eye.
James Bell issued Court proceedings and further admissions were made in the Defence, leading to Judgement being entered. Outstanding issues related to some limited causation matters and quantum. Interim payments totalling £100,000 were made. Quantum expert evidence was required from experts in care and occupational therapy, ophthalmology and from a geriatrician as to life expectancy. The claim was robustly managed and ultimately settled at a Mediation for £400,000.
The client commented:
Words alone cannot express our appreciation for your expertise and patience over such a prolonged period. It gave us so much confidence to know that you had our backs ………. Needless to say we would be delighted to recommend you to anybody. You have been brilliant in every way and we were so very touched to see, when we parted on Friday, how truly invested in us you were. It is a sentiment that we shan’t ever forget.