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Enhancing Public Accountability: Key Elements of the Public Office (Accountability) Bill 2025
Kirsty Cook
Eurydice Cote acted for the wife of AC who tragically died at age 40. The couple had two young children.
The claim was brought against two hospital trusts for failures in the care of AC who developed a subdural empyema (an infection/collection of pus in the subdural space – the space between the skull and the brain) and leptomeningitis following a sinus infection.
The Defendants both made admissions that there was a failure to recognise and act on progressive visible subdural collections, which were able to be seen on imaging. They failed to identify that AC required transfer for further assessment, investigations, and lifesaving neurological treatment (a decompressive craniectomy).
Investigations revealed that early transfer and treatment would have meant that AC would not have died. A factor that made this case particularly complex was that expert evidence revealed that, due to the severity of the brain injury, had he survived, he would have been left with severe neurological deficit in any event (right sided hemiplegia, cognitive deficits, and reduced function). He is unlikely to have been able to return to work, drive, or care for his children. He would have required significant levels of care. The parties agreed that AC would have had a reduced life-expectancy had he survived.
AC worked for the postal service and his wife was employed as a hospital nurse. The Defendants argued that there should be no claim for dependency on AC’s services in the home, and no loss of earnings claim. We were able to successfully argue that there should be a significant loss of earnings claim because had he survived, AC’s resulting disability would have entitled him to sizeable life-long benefits. This had a significant impact on the overall outcome for the client and her children.
Settlement was reached at £140,000 which represented a very good outcome in all of the circumstances.