Medical Negligence News

Claim for Child Treatment Errors Resolved with Approval of £4.8 Million Settlement

Posted on: October 10th, 2014 by Medical Negligence

A young boy´s claim for child treatment errors has been resolved at the High Court in London with the approval of a £4.8 million compensation settlement.

The claim for child treatment errors was made on behalf of ten-year-old Lucas Tupenny, who was  born in January 2004 at the Bupa Cromwell Hospital in Kensington with a bowel defect. Doctors performed a colostomy procedure on Lucas, but due to a lack of care during his post-surgery recuperation, Lucas went into septic shock and suffered a renal failure.

When he was six months old Lucas underwent dialysis treatment and, at the age of one year, he underwent a kidney transplant operation – the kidney donor being his father, Brock. Due to his tender age at the time of the renal failure, Lucas had undergone 28 operations and spent 149 days as a hospital inpatient before his tenth birthday.

Lucas´ mother – Therese – made an injury compensation claim for child treatment errors on behalf of her son against the Bupa Cromwell Hospital and the hospital admitted liability for Lucas´ injuries in 2012 and apologised unreservedly. A settlement figure of £4.8 million was determined after a study of Lucas´ future needs, which will include the need for a further kidney transplant operation.

At the High Court in London, a video was shown to Judge Richard Parkes which depicted the story of Lucas´ life to date. Lucas was described in court as a “enthusiastic, optimistic, energetic and very sociable little boy”, and Judge Parkes told Therese that she had shown extraordinary devotion to her son throughout some difficult years.

Therese told Judge Parkes “we absolutely think the amount is fair. Lucas has a chronic medical condition and he will need treatment for all his life”. It was also explained to the judge that Lucas now lives with his mother in Seattle, his parents having divorced. Judge Parkes approved the settlement of Lucas´ injury compensation claim for child treatment errors and wished the family well.

Speaking outside the High Court, a spokesman for the Bupa Cromwell Hospital said that the private healthcare company did not own the hospital at the time that Lucas was born. He said that the hospital had inherited the case, and that the claim for child treatment errors had been handled by the previous owner´s insurance company.